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2004 (6) TMI 536

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..... S.S. Sekhon, Member (T)]. After hearing this appeal for some time and on considering that the appellant is in appeal against a penalty of Rs. 2.00 lakhs imposed, the matter is taken up for disposal at this stage after waiver of pre deposit. 2. The appellant is a 100% Export Oriented Unit and they imported consignments and filed Bills of Entry. On examination, the goods were found to be fi .....

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..... sumption in favour of the appellant. This presumption cannot exempt from the penal consequences as arrived at since the importers, a 100% EOU and the goods would be taken from the docks to the EOU under various controls, procedures and documents and into bond movements. We would however consider that this is a fit case to reduce the penalty. In view of the facts and circumstances, we would therefo .....

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