2013 (6) TMI 693

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..... on the part of the assessee so as to attract the provisions of Section 111(o) of the Customs Act. The Tribunal, on appreciation of the above-said vital fact, cancelled the redemption fine of ₹ 1.00 lakh imposed in lieu of confiscation. Even though the Tribunal viewed that there was mala fide on the part of the assessee to import these goods, however, on the aspect of levy of penalty under Se .....

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..... law : (a) Whether the Appellate Tribunal has committed an error of law in holding that the goods are not liable for confiscation under Section 111(o) of the Customs Act, 1962 on the ground that there is no proof of any intentional misdeclaration and thereby vacating the fine in lieu of confiscation under Section 125 of the Customs Act, 1962? (b) Whether the Appellate Tribunal a cre .....

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..... bunal, on appreciation of the above-said vital fact, cancelled the redemption fine of ₹ 1.00 lakh imposed in lieu of confiscation. Even though the Tribunal viewed that there was mala fide on the part of the assessee to import these goods, however, on the aspect of levy of penalty under Section 114A of the Customs Act at a sum equivalent to the duty amount, taking note of the circumstances th .....

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