2015 (6) TMI 905 - SCH - Customs

Exemption availed under conditional notification no. 64/88 Notification was withdrawn later violation of post import conditions - In this, matter was remanded back to tribunal by high court to decide the case on merit basis and consequently penalty was reduced ₹ 5 lacs to ₹ 1 lac by judgment 2008 (10) TMI 218 - CESTAT, NEW DELHI dated 22-10-2008 . Now supreme court dismissed the appeal and held that there is no warrant to reduce the penalty regard being had to the amount. - Appeal dismissed. Eligibility criteria as per Notification 65/88, dated 1-3-1988 & Notification No. 118/86, dated 7-2-1986 - Seeking direction to Commissioner to do needful within a stipulated time - Held that - Present appeal is squarely covered by the judgment passed by this court in M/s. Grant Medical Foundation v. Commissioner of Customs, Mumbai 2015 (6) TMI 221 - SUPREME COURT dated September 17, 2014. - Appeal accordingly disposed of.

Summary

The Supreme Court dismissed Civil Appeal No. 1333 of 2009 and upheld the penalty without reducing it. Civil Appeal No. 7165 of 2008 was disposed of based on a previous judgment, with no costs awarded.