2016 (7) TMI 360

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..... against the redemption fine and penalty imposed without disputing the duty demanded. Held that:- Without going into the details of the duty liability which remained undisputed by the appellant, it has become necessity to look into the circumstances of imposition of redemption fine and penalty. While both sides are on rivalry submission as to the declaration of goods as presented and the appel .....

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..... educing the redemption fine from 50% to 5% of assessable value of the goods as well as penalty reduced to ₹ 1,00,000/-. - C/298-302/2005 - FINAL ORDER No. 40925-40929/2016 - Dated:- 8-6-2016 - Shri D.N. Panda, Judicial Member and Shri B. Ravichandran, Technical Member Shri C. Ramkumar, Advocate - For the appellant Shri B. Balamurugan, AC (AR) - For the respondent OR .....

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..... our persons who are listed in para-21 (iv) to (vii) of the impugned order. They are Shri M. Raveendran, MD, Shri M. Raajhendran, Director, Shri M. Rajarathinam, Director and Shri M. Ragunathan, Director) (Ref.: impugned order at page-18). 3. Appellant only contested against the redemption fine and penalty imposed without disputing the duty demanded. It was precisely prayed that during a sho .....

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..... aving been imposed, the adjudication may be sustained. 5. Heard both sides and perused the records. 6. Without going into the details of the duty liability which remained undisputed by the appellant, it has become necessity to look into the circumstances of imposition of redemption fine and penalty. While both sides are on rivalry submission as to the declaration of goods as presented and .....

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..... are concerned, ld. Adjudicating authority has not dealt role of each of these persons in his order to appreciate whether they made any breach of law. Accordingly, there shall not be any penalty on all of them. 9. In the result, the appeal filed by the appellant company is partly allowed reducing the redemption fine from 50% to 5% of assessable value of the goods as well as penalty reduced to .....

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