COMMISSIONER OF CUSTOMS (PREV.), JAIPUR Vs. INDIAN AIRLINES LTD.
LAWS(RAJ)-2017-10-48
HIGH COURT OF RAJASTHAN
Decided on October 04,2017

Commissioner Of Customs (Prev.), Jaipur Appellant
VERSUS
INDIAN AIRLINES LTD. Respondents

JUDGEMENT

K.S.JHAVERI,J. - (1.) Despite service, nobody appears.
(2.) By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has partly allowed the appeal preferred by the assessee.
(3.) This Court while admitting the appeal on 11-5-2015, framed the following substantial question of law:- "(i) Whether the Tribunal can override the statutory provisions enshrined in the law inasmuch as the second proviso to Section 114A of Customs Act, 1962, has been ignored in reducing the penalty wherein specific provisions are enlisted that the benefit of reduced penalty shall be available only when penalty is paid within 30 days of the date of communication of the Order which is not in the present matter?";


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