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2013 (1) TMI 374

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..... 2012 (9) TMI 388 - BOMBAY HIGH COURT) that in absence of lapses/negligence/mala fides on the partners of the firm in realizing the export proceeds, imposition of penalty, against the partners is unjustified especially when the penalty imposed against the firm has been confirmed - In favour of assessee - 22 of 2009 - - - Dated:- 28-9-2012 - J.P. Devadhar and M.S. Sanklecha, JJ. REPRESENTED .....

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..... e present case, we see no reason to entertain the appeal. 3. The decision of this Court in the case of Textoplast Industries v. Additional Commissioner of Customs reported in 2011 (272) E.L.T. 513 (Bom.) which is relied upon by the Counsel for the revenue is distinguishable on facts. In any event, it is not laid down in that case, that in every case once penalty is imposed upon the firm, penalty .....

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