9911796707
TMI Blog2025 (3) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... Six Thousand Seven Hundred Fifty Seven Only) from M/s M/s Titra Trading Pvt. Ltd., Survey No.236/1 & 237, Warehouse No.K05 & 06 (B) Mithi Roha, Gandhi Dham, Kutch-370201 under Sub Section (4) of Section 28 of the Customs Act, 1962 along with applicable interest under Section 28AA of the Customs Act, 1962. ii) I impose penalty of Rs. 3,68,86,757/-(Rupees Three Crore Sixty Eight Lakh Eighty Six Thousand Seven Hundred Fifty Seven Only) from M/s M/s Titra Trading Pvt. Ltd., Survey No.236/1 & 237, Warehouse No.K05 & 06 (B) Mithi Roha, Gandhi Dham, Kutch-370201 under Section 114A of the Customs Act, 1962." 2.1 Respondent has filed self assessment of Bill of Entries at ICD Dadri, Greater Noida for clearance of imported 'Tin Ingots' classifiabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is absent on call. 4.1 We have considered the impugned orders along with the submissions made in appeal and during the course of argument. 4.2 The issue raised by the revenue in the present appeal is vis a vis the interpretation of Section 114A of the Customs Act, 1962. Revenue has on the basis of a Circular of 2002, contended that the amount of penalty under this section should be equal to the sum of custom duty and interest on this duty. We find that the issue in the present appeal is squarely covered by the decision of this Tribunal in the case of M/s Khanna Traders & Engineers Customs Appeal No.70479 of 2020 dated 27 November, 2024. 4.3 We do not find any merits in the appeal filed by the revenue to the extent that interest amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g generally, a distinction may be made between positive and negative conditions prescribed by a statute for acquiring a right or benefit. Positive conditions separated by 'or' and read in the alternative but negative conditions connected by 'or' are construed as cumulative and 'or' is read as 'nor' or 'and'. [See : Principles of Statutory Interpretation by Justice G.P. Singh, 14th Edition.] 11. In the backdrop of aforesaid well settled legal principles with regard to statutory interpretation we may notice relevant extract of Section 114A of the Act, which reads as under : 114A. Penalty for short-levy or non-levy of duty in certain cases. - Where the duty has not been levied or has not been short-levied or the interest has not been cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reliance placed by Learned Counsel for the appellant on the clarification issued by Central Board of Excise and Customs dated 20-9-2002 is concerned, suffice it to say that the aforesaid clarification cannot be contrary to the plain language of the provision. For yet another reason, no interference is called for as the Tribunal has taken a similar view in the case of B. Suresh Vasudev Baliga (supra) and there is no material on record to show that the aforesaid order was challenged by the Revenue. Therefore, in the facts of the case, the view taken by the Tribunal otherwise also binds the Revenue. 4.4 In view of the above, we do not find any merits in the appeal filed by the revenue.. 5.1 Appeal filed by the revenue is dismissed. (Dicta ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
