CESTAT, an Appellate Tribunal, considered a case involving ...

CESTAT ruled out penalty u/s 114AA for partner in broker firm facilitating imports, lacked intent or evasion. Penalty set aside.

Case Laws     Customs

June 19, 2024

CESTAT, an Appellate Tribunal, considered a case involving penalty u/s 114AA of the Customs Act, 1962 on a co-noticee who is a Partner in a Customs Broker firm for undervaluation of imported power tools from China. The Tribunal noted that Section 114AA allows a penalty not exceeding five times the value of goods under specific circumstances. It was observed that other sections like 112 and 114A also deal with penalties, and subsequent sections like 114AB and 114AC were introduced later. Referring to a relevant case, it was highlighted that penalties under 114AA require mens rea or conscious knowledge, which was not present in the appellant's case. The Tribunal found that the appellant's involvement as a customs broker did not involve criminal intent or duty evasion, and thus, the penalty u/s 114AA was deemed inapplicable. Consequently, the penalty imposed on the appellant was set aside, and the appeal was allowed.

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