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TMI Blog2017 (6) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 28(6) of the Act? - Held that:- The provisions of Section 28(5) of the Customs Act, 1962 was amended vide Finance Act, 2015 and received the assent of the President of India on 14-5-2015. Explanation 3 appended to the amended provisions of Section 28(5) has extended the benefit of reduced amount of penalty of 15% to those cases, which were pending for closure with the adjudicating au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dar, DR, for the Respondent. ORDER The issue involved in these appease are identical and accordingly, the same are taken up for hearing together and a common order is being passed. 2. The question of law involved in these appeals for consideration by the Tribunal, is whether the benefit of reduced penalty of 15% under the amended Section 28(5) of Customs Act, 1962 read with Explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 on 14-5-2015. Such amended provisions provided for reduced penalty of 15% of the duty demanded instead of the earlier penalty of 25%. Accordingly, the appellants vide their letter dated 2-6-2015 have requested the adjudicating authority to consider the reduced amount of penalty for adjudication of the dispute. However, vide the impugned order, the original authority has not extended the benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-section (8) has not been passed before the date on which the Finance Bill, 2015 receives the assent of the President, shall, without prejudice to the provisions of Sections 135, 135A and 140, as may be applicable, be deemed to be concluded, if the payment of duty, interest and penalty under the proviso to sub-section (2) or under sub-section (5) as the case may be is made in full within thirty d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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