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TMI Blog2008 (3) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... his stay application is directed against the imposition of penalty of Rs. 40, 000/- on the appellant under the provisions of Section 112 of Customs Act, 1962. 2. After hearing both sides on the stay application, I find that the issue being in a narrow compass, the appeal itself can be decided at this stage. Hence, after granting the waiver of pre-deposit of amount of penalty involved, the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dress. On coming to such conclusion, the adjudicating authority imposed penalty. 4. It is seen from the records that the current appellant in his statement before the authority has clearly stated that he is in the business as a commission agent, in the sale and purchase of Indian as well as imported cars. It is also undisputed that the current-appellant, for this purpose gives advertisements in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue and it is on record that the said car was cleared by the Customs authorities on the assessment of such bill of entry as was filed by the importer. Subsequently, demand of the differential duty was raised on the ground of misdeclaration of the value by the importer. To my mind the current-appellant cannot be faulted for believing the importer s version of story. 5. As such, I find that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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