2017 (9) TMI 1662

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..... le quantum of wastage occurred. Penalty u/s 112(b) of Customs Act, 1962 - Held that:- The authority has not found presence of any of the ingredients of penal provision for such levy. Therefore there shall be no penalty under Section 112(b) of Customs Act, 1962. Penalty u/s 117 of CA - Held that:- There appears no prohibition of law to import the goods at the time of import. But there was .....

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..... stage was more than this norm which was not in dispute. Accordingly it is not permissible to accommodate the wastage occurred over and above the prescribed norm during manufacture carried by the appellant. 3.Law requires that customs duty forgone in respect of impermissible wastage shall be realizable. Accordingly learned authority is correct to realize such duty on the impermissible quantum .....

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