1990 (7) TMI 203

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..... [Order per: Jyoti Balasundaram, Member (J)]. - The Department has preferred this appeal against the non-imposition of penalty on the importers by the Additional Collector of Customs, in the following background. 2. The respondents herein imported a consignment of 120 bales declared to contain wool waste. Physical examination revealed that, out of 120 bales, only 20 bales contained wool waste .....

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..... . 6. In this case, there is no finding of concealment. Added to this is the fact that the importers had obtained a certificate from a reputed test house from UK which was seized from their office during the raid. The learned counsel rightly draws a distinction between the facts of the M/s. Gopal Jee Enterprises case (Supra) and the present appeal. In the case 1st mentioned, the adjudicating autho .....

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..... that "Before penalty can be imposed the entirety of the circumstances must reasonably point to the conclusion that the disputed amount represented income and that the assessee had consciously concealed the particulars of his income or had fraudulentlyfurnished inaccurate particulars." 8. The circumstances of this case do not warrant imposition of penalty. We see no reason to interfere with the im .....

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