9911796707
TMI Blog2007 (1) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... P.G. Chacko, Member (J)]. The application is for waiver of predeposit and stay of recovery in respect of the amount of penalty of Rs. 25 lakhs imposed on the applicant (appellant) by the Commissioner. After examining the records and hearing both sides, we find that the appellant has been found, along with one Shri Vijayaraghavan and one Shri Thomas, as having abetted smuggling cigarettes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own to them. Shri Vijayaraghavan proposed to clear the goods and Shri Suresh endorsed the same albeit with hesitation. As instructed by Shri Suresh, Shri Vijayaraghavan handed over import documents to Shri J. Thomas who filed the bill of entry with allied documents and secured clearance of the goods. It further appears from the records that M/s. ITC Ltd.; upon coming to know the above transactions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Act. It is on this basis that the penalty of Rs. 25 lakhs was imposed on Shri Suresh (appellant) under Section 112(a) of the Act and a penalty of Rs. 5 lakhs was imposed on Shri Vijayaraghavan under the same provision. After examining the records and hearing both sides, we have not found prima facie case for the appellant against penalty on him. It appears from the evidence on record that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whole episode is apparently comparable. However, while imposing a penalty of Rs. 25 lakhs on Shri Suresh, learned Commissioner chose to impose a lesser penalty on Shri Vijayaraghavan. For the purpose of Section 129E, we are asking Shri Suresh to predeposit this lesser amount. Accordingly, the appellant shall predeposit Rs. 5 lakhs (Rupees Five lakhs) within 8 weeks (this period being fixed as req ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
