2000 (3) TMI 417 - AT - Customs

Summary

Issues:
1. Appeal filed against Shri Ajay Kumar Jain
2. Reduction of penalty imposed on Shri Hargobind Singh
3. Appeals against Shri Kuldeep Singh, Shri Balwinder Singh, and Shri Gursharan Singh Sodhi

Appeal Against Shri Ajay Kumar Jain:
The Revenue filed an appeal against Shri Ajay Kumar Jain, which was found not sustainable as the proceedings against him were dropped, and he was not the subject matter of review before the Central Board of Excise and Customs. The appeal against Shri Ajay Kumar Jain was rejected.

Reduction of Penalty on Shri Hargobind Singh:
The Tribunal noted that Shri Hargobind Singh did not appeal before the Tribunal, and his case was not sent back for de novo adjudication. Therefore, the question of reducing the penalty on him did not arise. The learned Commissioner's order regarding Shri Hargobind Singh was deemed unsustainable in law, and the part of the order passed on de novo consideration of his case was set aside.

Appeals Against Shri Kuldeep Singh, Shri Balwinder Singh, and Shri Gursharan Singh Sodhi:
The appeals against these individuals involved a reduction in penalties. The Department argued that there was no necessity to reduce the penalty in de novo adjudication as no additional evidence was presented to support the reduction. However, the learned Advocate for Shri Kuldeep Singh argued that since the earlier order was set aside, the penalty imposed in the new order was justified based on the facts and defense presented. The Tribunal found that since the earlier order was set aside, the new order was appropriate, and there was no legal or factual infirmity in the impugned order. Therefore, the appeals filed by Revenue against Shri Kuldeep Singh, Shri Balwinder Singh, and Shri Gursharan Singh Sodhi were rejected, upholding the impugned order for these respondents.