2007 (2) TMI 10

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..... permissible limit – HC rejected the petitioner plea on the basis of 20%of MV of goods or up to one lakh whichever is higher is accepted
[Judgment per : Arijit Pasayat, J.]. - Though we are not granting leave, in view of re-iteration of plea taken in this special leave petition in several cases, the petition is being disposed of by a detailed order. 2.Challenge is to the order passed by a Divis .....

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..... hat the extent of compounding amount as fixed by the Compounding Authority was beyond the permissible limit. It is submitted that market value of the goods which had not been declared was Rs. 8,45,176/- and therefore it should have been 20% of the said market value. 6.It is stated that since the purpose of compounding is to prevent unnecessary litigation, if the interpretation given by the High C .....

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..... oms Rules which so far as relevant reads as follow: Fixation of the Compounding Amount. — For the purpose of compounding of offences under the various provisions of the Act, the compounding amount shall be as provided herein below:- (1) -(3) xxx xxx (4) Offence specified under Section 135(1)(a) of the Act. Upto twenty percent of market value of the goods or Rupees ten lakhs whichever is hi .....

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