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TMI Blog2006 (3) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... ri P.K. Rai, JDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. The applicant filed these applications for waiver of pre-deposit of penalties. 2. In the impugned order, the following penalties are imposed : 1. Shri Anil Goel Rs. 40 lakhs 2. Shri Suresh Pal Gupta Rs. 10 lakhs 3. Shri Basudev Garg Rs. 4 lakhs 4. Shri Aru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of Customs Duty as well anti-dumping duty in respect of the imported goods. The applicants are only challenging the imposition of penalties. 5. During investigations, certain amount of ball bearings were recovered from the godown of Shri Arun Gupta which is being used by his brother-in-law Shri Anil Goel. It is also come on record that godown belonging to M/s. KMG International is also bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention is that the provision regarding confiscation and penalties in respect of any violation regarding imposition of anti-dumping duty were introduced in the year 2004 by Finance Act No. 2 of 2004. As the present import is in the month of May, June and July, 03. Therefore, the provisions of confiscation and penalty are not applicable. The applicant also relied upon the decision of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pression of fact that the goods were of Chinese origin and liable for anti-dumping duty, therefore, penalties were rightly imposed. The present applicants are not asking for pre-deposit of anti-dumping duty and/or Customs Duty imposed under the impugned order. The adjudicating authority imposed penalty on the ground that the goods were liable for confiscation on the ground of mis-declaration in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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