TEXPORT INDIA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) CHALLENGE in the present appeal is only to personal penalty of Rs. 2,00,000/ - (Rupees two lakhs only) imposed under Section 114 of the Customs Act, on the finding that they had mis -declared the exported goods to draw more benefit under DEPB Scheme. The Id. Advocate appearing for the appellants submits that the penalty for contravention of the provisions of Section 113(d) of the Customs Act, is applicable only in cases of prohibited goods and inasmuch as, the goods in question were not prohibited for exports no penalty can be imposed for the above. Reliance has been placed upon the Hon'ble Supreme Court decision in the case of Commissioner of Customs (EP), Mumbai v. Prayag Exporters Pvt. Ltd.

(2.) INASMUCH as, the issue stand decided by the above decision of the Hon'ble Supreme Court, we set aside the personal penalty of Rs. 2,00,000/ - (Rupees two lakhs only) imposed upon the appellant and allow the appeal to the above extent with consequential relief to the appellants.