Customs Tribunal Upholds Confiscation of Undeclared Imports, Rejects Value Enhancement and Limits Penalties Under Section 114A

CESTAT upheld confiscation of undeclared and excess imported goods while setting aside confiscation of properly declared items. The tribunal rejected Revenue's enhancement of transaction value, finding no evidence supporting contemporaneous import values or allegations of extra payments. The appellant-company was held liable for penalty under Section 114A equal to the duty on mis-declared quantity only, while penalties under Section 114AA were deemed inapplicable as documents were genuine. Penalties against the company's Director under both Sections 114A and 114AA were set aside. The matter was remanded for recalculation of duty on excess/undeclared goods and determination of appropriate redemption fine, with previous deposit of Rs.7,20,695 to be adjusted against confirmed duty. .....

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