9911796707
TMI Blog2023 (5) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... Gandharav Anand, Mr. Divyam Khera, Ms Nishtha Tyagi and Ms Reena Rawat, Advocates. For the Respondent : Mr. Harpreet Singh, Senior Standing Counsel with Ms Suhani Mathur and Mr. Jatin Kumar Gaur, Advocates. ORDER 1. The petitioner has filed the present petition, inter alia, impugning an Order-in-Original dated 20.11.2020 (hereafter 'impugned order'), whereby a penalty of Rs.2,00,00,000/- (Rupe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said Indian currency as proceeds of smuggled goods. The Adjudicating Authority concluded that the said amount belonged to the petitioner and therefore, has also imposed a penalty of Rs.2,00,00,000/- on the finding that the gold was being smuggled at the instance of the petitioner. 4. The Adjudicating Authority has also totalled the amounts credited into the petitioner's bank account from time t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on an unsubstantial assumption is effectively left the petitioner remediless as the petitioner is not in a position to make the pre-deposit to file an appeal to assail the said findings. 7. The petitioner has also filed an affidavit disclosing its three bank accounts. The funds available in the said bank accounts are as under: "A/c No. A/c Holder Bank Balance as on 31.03.2022 Amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of the petitioner, we consider it apposite to direct the Tribunal to consider the petitioner's appeal without any pre-deposit. 10. It is clarified that this Court has not expressed any opinion on the merits of the impugned order and the Tribunal shall consider the petitioner's appeal on merits uninfluenced by any observations made in this order. 11. The petition is disposed of in the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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