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2014 (12) TMI 1248

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..... and scale of transactions, prima-facie, we do not find that all the appellants have made out a case for complete waiver of penalties and are required to be put to certain conditions. - all the appellants should deposit an amount equivalent to 1 % (One per cent) of the total penalties imposed upon each appellant under Section 114(i) and Section 114AA of the Customs Act, 1962 within eight weeks from the date of receipt of this order and report compliance to the Deputy Registrar by 04.02.2015. - stay granted partly. - C/11427,11458,11486,11488,11597,11598-11600,11679, 11680,11778/2014, C/Stay/12299,12319,12382,12410,12604,12612,12614, 12615,12713,12714,12866/2014 - M/15601-15611/2014 - Dated:- 4-12-2014 - Mr. M.V. Ravindran, Member (Judi .....

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..... er) and submitted that with great difficulty his client has deposited ₹ 11 Lakh in the earlier stay order and can at the most deposit an amount of ₹ 4 Lakh in this appeal. Advocate of M/s. Saraf Impex Pvt. Limited and Shri Pravin Saraf requested for adjournment which is not being considered. Dr. Jeetesh Nagori, Additional Commissioner (AR) appeared on behalf of the Revenue and defended the orders passed by the Adjudicating authority. 3. During the course of the hearing advocates/ Chartered Accountant appearing on behalf of the appellants made the arguments that no penalties are imposable on their clients. They relied upon the following stay orders earlier passed by this Bench on this issue:- (i) Order No. M/13899-1390 .....

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..... s on the same issue were made to pre-deposit amounts representing 1% of the penalties imposed. Accordingly, we do not think it appropriate that a different view is required to be taken in these stay applications. It is accordingly directed that all the appellants should deposit an amount equivalent to 1 % (One per cent) of the total penalties imposed upon each appellant under Section 114(i) and Section 114AA of the Customs Act, 1962 within eight weeks from the date of receipt of this order and report compliance to the Deputy Registrar by 04.02.2015. Deputy Registrar on verification of the compliance shall put up the file to the bench by 11.02.2015 for further orders. Subject to the above compliance being made by the appellants, there sh .....

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