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Waiver of pre-deposit of penalties imposed on a company and its director arising from an order of confiscation of goods by the Commissioner of Central Excise & Customs, Surat-I. Analysis: The judgment concerns applications for the waiver of pre-deposit of penalties totaling Rs. 6.00 lakhs imposed on a company, M/s. Gautam Silk Mills Pvt. Ltd., and its director, Shri Om Prakash Jain, following an order by the Commissioner of Central Excise & Customs, Surat-I. The Commissioner's order involved the confiscation of goods valued at Rs. 15,45,600/- and provided an option for redemption to M/s. Sonu Exporters, with penalties imposed on its partners due to exports taking place from their premises. The Tribunal, comprising Ms. Jyoti Balasundaram and Shri Moheb Ali M., considered the arguments presented by both parties. The appellants contended that no penalty could be imposed under Section 114, which applies when goods are liable to confiscation under Section 113. They relied on a precedent in the case of Pradeep Industries v. Commissioner of Customs, Chennai, where it was held that Section 113(d) for confiscation and Section 114 for penalty were not applicable to goods covered by shipping bills not prohibited or dutiable for drawback. Based on the submissions and the precedent cited, the Tribunal found merit in the appellants' argument and decided to waive the pre-deposit of penalties and stay the recovery pending appeals. The order was dictated in court by Vice-President Jyoti Balasundaram, indicating the decision to grant relief to the appellants regarding the penalties imposed. In conclusion, the judgment provides a detailed analysis of the legal provisions governing the imposition of penalties in cases of confiscation of goods and highlights the importance of precedent in interpreting relevant sections of the law. The decision to waive the pre-deposit of penalties demonstrates the Tribunal's adherence to legal principles and fairness in considering the appellants' arguments.
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