2018 (12) TMI 882 - HC - Customs

Reduction of penalty u/s 112(a) of Customs Act - Held that - The question as proposed in the present facts does not give rise to any substantial question of law. Thus, not entertained - appeal dismissed.

Summary

Issues:
Challenge to Customs Tribunal order under Section 130 of the Customs Act, 1962; Justification of Tribunal's decision to reduce penalty under Section 112(a) of the Act.

Analysis:
The High Court heard an appeal challenging a common order passed by the Customs, Excise and Service Tax Appellate Tribunal. The main issue raised by the Revenue was whether the Tribunal was justified in reducing the penalty imposed under Section 112(a) of the Customs Act. The Revenue argued that the facts and law in the present case were identical to a previous case involving Shri. Ravinder Singh, where the decision was in favor of the RespondentAssessee. The High Court noted that the issue had already been decided against the Revenue in the case of Commissioner of Customs (Preventive) Vs. Shri Ravinder Singh, where the Revenue's appeal was dismissed on 25th September 2018.

The Court found that the question raised by the Revenue did not give rise to any substantial question of law based on the reasons outlined in the previous order related to Shri. Ravinder Singh. Consequently, the Court dismissed the appeal, stating that the question as proposed did not warrant further consideration. The appeal was dismissed, and no costs were awarded in this case.

In conclusion, the High Court upheld the decision of the Customs Tribunal and dismissed the appeal brought under Section 130 of the Customs Act, 1962. The Court found that the issue raised by the Revenue did not present any substantial question of law based on the precedent set in a previous case involving Shri. Ravinder Singh. The judgment highlighted the importance of consistency in legal decisions and reiterated the principle of law established in prior cases.