2014 (4) TMI 17

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..... r the Respondent : Shri J Nair (AR) JUDGEMENT Per: P R Chandrasekhran: The appeal and stay petition are directed against order-in-appeal No. 122/Mumbai-III/2010 dated 19/08/2009 passed by the Commissioner of Customs (Appeals), Mumbai. 2. Vide the impugned order, the Ld. Appellate authority has upheld the penalty of Rs.1.4 lakhs imposed on the appellant, M/s. Sun Pharmaceutical Industries Ltd., .....

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..... efore, the wrong declaration of the PMV has not caused any loss to the exchequer. In these circumstances, it is prayed that the wrong declaration of the PMV should be condoned and no penalty should be imposed. Accordingly, he prays for grant of stay. 4. The Ld. Dy. Commissioner (AR) appearing for the Revenue on the other hand submits that Section 117 of the Customs Act does not envisage any mens .....

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..... rder. 5. We have carefully considered the submissions made by both the sides. 5.1 From the records, it is evident that the Revenue has accepted the FOB prices declared by the appellant and also sanctioned the DEPB credit on the basis of such declaration. Therefore, the mis-declaration of PMV can only be considered a as an error without any intent to contravene the law. In these circumstances, th .....

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