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TMI Blog2018 (6) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... ete correlation. Therefore, he is liable for penalty - but the quantum of penalty is reduced - appeal allowed in part. - APPEAL No. C/85430/2018 - A/86431/2018 - Dated:- 17-5-2018 - Mr. Ramesh Nair, Member (Judicial) Shri N.D. George, Advocate, for appellant Ms. Trupti Chavan, Assistant Commissioner (AR), for respondent Order By the impugned order, the learned Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing import does not mean that the appellant had become the importer for imposition of penalty. The appellant has only financed the importer. However, as regards the illegal import, he was not involved. Therefore, the penalty was wrongly imposed on him. He placed reliance on the judgment of this Tribunal in the case of Vinay Aggarwal vs. CC, Jaipur-I 2016 (344) ELT 1024 (Tri.-Del.) and Ashwin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . I have carefully considered the submissions made by both the sides. I find that there is no doubt that the appellant has played a major role in the overall import of the TV sets not only by financing but also keeping a complete correlation. Therefore, he is liable for penalty. However, I find that the goods have been allowed to be re-exported and in fact the goods were re-exported. As held by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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