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TMI Blog2017 (5) TMI 1670X X X X Extracts X X X X X X X X Extracts X X X X ..... 15.3.2016, the Board has clarified that if the duty is paid along with interest and penalty equal to 25% of the duty specified in the notice, then the proceedings against the importer as well as against the co-noticee shall stand concluded - the impugned order is not sustainable. - appeal allowed - decided in favor of appellant. - C/21016/2016-SM - Final Order No. 20695/2017 - Dated:- 15-5-2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imported by M/s. Ace Fine Pack Pvt. Ltd., resulting in considerable loss of revenue to the department. According to the Revenue, appellant had wilfully manipulated House Bills of Lading showing the terms of import as freight pre-paid against the actual terms of freight collect with the assistance of the freight forwarders and custom house brokers and the corresponding freight charges were paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 28(6)(i) of the Customs Act, 1962, if the importer accepted the duty and paid interest along with penalty equal to 25% of the duty within one month from the date of issue of notice, then the proceedings in respect of all other persons to whom the notice is issued shall be deemed conclusive as to the matters stated therein. The said provision is even extended in Finance Act, 2015 also. He furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the importer had already paid the differential duty, interest and penalty equal to 25% of the duty specified in the notice under provision 28(5) of the Customs Act, 1962 and therefore, the Additional Commissioner has not passed any order for confiscation of the goods and has only imposed a penalty of ₹ 5,000/- on the appellant who is the Director of the importer company. 5. After cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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