2011 (9) TMI 301

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..... cided that penalty reduced to Rs.5000/ - appeal is otherwise rejected - C/97 of 2011 - - - Dated:- 8-9-2011 - Mrs. Archana Wadhwa, Mr. Mathew John, JJ. Appearance: Shri Prabhat Kumar, Advocate for the appellants Shri Amresh Jain, Authorized Departmental Representative (DR) for the Revenue Per Mrs. Archana Wadhwa: After hearing both sides duly represented by Dr. Prabhat Kuma .....

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..... tioned to the exporter the proven fact that the appellant was undoubtedly found to be negligent. It is also not brought on record that how the appellant has individually been benefited. It is also noted that the appellant had tendered his voluntary statements and participated in the investigations. I find that it has not been brought effectively on record that the appellant as representative of .....

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..... on 114 of the Customs Act, 1962. The only prayer is to reduce the quantum of penalty, keeping in view the allegation and finding made against the applicant and his financial condition. As such, after taking into consideration the above factor, we reduce the penalty to Rs.5000/- but for the above modification in the quantum of penalty, the appeal is otherwise rejected. Stay petition as also appeal .....

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