AIROnline 2024 SC 151

Supreme Court Of India

Hon'ble Judge(s): Abhay S. Oka, Pankaj Mithal , JJ

(A) Customs Act (52 of 1962) , S.129A— Appeal before CESTAT - Bar of limitation - Appeal was filed after Committee of Commissioners, in the exercise of powers u/S. 129A(2) of the Customs Act, directed the Department to file an appeal - Said direction was given 10 months after the passing of impugned order- There was no prescribed period of limitation for passing order in exercise of power under S.129A(2) - Considering extrAORdinary circumstances prevailing in those days due to COVID-19, decision was taken within reasonable time - Period of limitation of 3 months provided under S. 129A(3) which commences on the day on which the order is communicated to the concerned Authority stood extended in view of the orders passed by Supreme Court in suo motu proceedings - Appeal was not barred by limitation. (Para 7) (B) Customs Act (52 of 1962) , S.111, S.112, S.114AA— Imposition of penalty - Undervaluation of goods - Adjudicating authority and CESTAT found that goods which were subject-matter of impugned order were identical to/similar to the ones imported earlier - Detailed reasons were recorded in the order-in-original as to why the transaction value of the imported goods was discarded - Cogent reasons were assigned to arrive at the assessable value - Impo....