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Issues:
1. Service of notice at the correct address. 2. Timeliness of filing appeals. 3. Waiver of pre-deposit of duty and penalty. 4. Validity of penalty imposed on the Managing Director. Issue 1: Service of Notice at the Correct Address The appellant argued that the impugned order was not served at the correct address, as the company had shifted locations, and the last known address was not used for service. The Tribunal noted that the Srinagar colony address was available with the department, and the order was not tendered to the appropriate address. Therefore, the display of the order on the notice board was deemed insufficient. The Tribunal accepted the contention that there was no delay in filing the appeals, as they were within the statutory period of limitation. Issue 2: Timeliness of Filing Appeals The appellant contended that the appeals were filed in a timely manner, and any delay was due to caution. The Tribunal agreed that there was no delay in preferring the appeals and dismissed the applications for condonation of delay as unnecessary, given that the appeals were filed within the statutory period. Issue 3: Waiver of Pre-Deposit of Duty and Penalty The Tribunal considered the applications for waiver of pre-deposit of duty and penalty. It was observed that the appeals could be decided at that stage, and hence, the pre-deposit was waived with the consent of both parties. The case involved duty demand and penalty imposed on the Managing Director for alleged diversion of imported items. However, the JDGFT confirmed that the export obligations had been fulfilled, necessitating a fresh adjudication by the Commissioner based on new evidence. Issue 4: Validity of Penalty Imposed on the Managing Director Regarding the penalty imposed on the Managing Director under Section 112(a) of the Customs Act, the Tribunal found that the ingredients of the provision were not established against him. As the main company had not been penalized, the penalty on the Managing Director was set aside, as he could not be held liable for abetting an offense when the main offender had not been penalized. Therefore, the penalty imposed on the Managing Director was revoked, and his appeal was allowed. This judgment highlights the importance of serving notices at the correct address, timely filing of appeals, the discretion to waive pre-deposit, and the necessity of establishing liability for penalties under relevant legal provisions.
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