9911796707
TMI Blog1999 (11) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... M. Kenedy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Both the Stay Petitions arise out of the same impugned Order passed by the Commissioner of Customs, Patna vide which he has imposed a penalty of Rs. 1.00 lakh on Shri Prakash Chandra and of Rs. 50,000.00 on Shri Atma Ram Maheshka. Shri S.R. Dutta, learned Consultant appearing for the applicant Shri Prakash Chan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , submits that he is a small type of weaver and was a consignee of the Yarn in question for weaving the same into fabrication on job work basis. There is absolutely no finding that he was in any way involved in the import or otherwise dealing with the said Yarn. He also submits that Rs. 50,000.00 is not warranted on him. 3. Shri J.M. Kenedy, learned J.D.R. for the Revenue submits that there are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.00 lakh on the said applicant. 5. As regards the penalty of Rs. 50,000.00 on the second applicant, we find that he is only a weaver and consignee of the goods in question and no specific role has been attributed to him. Accordingly, we hold that the applicant has a prima facie case and allow the Stay Petition unconditionally. 6. As the Silk Yarn stands absolutely confiscated, we grant early ..... X X X X Extracts X X X X X X X X Extracts X X X X
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