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2016 (8) TMI 1018

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..... by them as trader is around ₹ 3.16 lacs @ ₹ 1/- per kg. as claimed. Therefore, it would be appropriate to reduce the penalty on the Appellant from 25 lacs to ₹ 10.00 lacs. - Decided partly in favour of appellant - E/1477/2008 - A/10487/2016 - Dated:- 30-5-2016 - Dr. D.M. Misra, Member (Judicial) and Mr. P.M. Saleem, Member (Technical) For Assessee : Shri S J Vyas, Advoca .....

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..... ed that the appellant is a proprietorship concern and engaged in the trading of subject goods on a commission basis @ ₹ 1 per kg. It is his contention that against the total quantity of goods 567.600 MT confirmed to have been cleared by the main appellant without payment of duty, the appellant had sold 316.850 MT and received a total commissioner of ₹ 3.16 lacs (approximately), hence, .....

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..... 1.23 crores, this Tribunal reduced the personal penalty on the Director from ₹ 25.00lacs to ₹ 15.00 lacs. We find that the role of the appellant against the total quantity of 567.600 MT goods cleared clandestinely, is limited to 316.85 MT and the commission received by them as trader is around ₹ 3.16 lacs @ ₹ 1/- per kg. as claimed. Considering the overall circumstances, .....

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