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2006 (6) TMI 112

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..... ted that it is the common practice in the business is to seek only oral permission, since the containers were in the custody of the customs officials and it is not possible to remove the containers without permission of the customs authorities - Considering the age of the partner of the petitioner firm, who is about 70 years old, penalty is reduced - 17166 of 2003 - - - Dated:- 29-6-2006 - A. K .....

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..... d empty container without the permission of the customs authorities. Admittedly, the petitioner herein has not filed appeal against the said order dated 6-3-2000 within the period stipulated under the Act, but belatedly filed an appeal before the second respondent which was dismissed on 11-12-2001 on the ground that the same is barred by limitation. As against the said order, the petitioner has fi .....

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..... interim order directed the petitioner to pay a sum of Rs. 10,000/- which was also paid by the petitioner, later, another sum of Rs. 10,000/- was directed to pay while making the interim order absolute and the same was also complied with by the petitioner, thus, the petitioner has paid Rs. 20,000/- altogether and prayed this Court set aside the impugned order by adjusting the same instead of Rs. 50 .....

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..... the strange circumstance of the case, this Court is of the considered view that the amount of Rs. 50,000/- ordered by the original authority towards penalty can be reduced to Rs. 20,000/- and ordered accordingly and the said amount also paid by the petitioner as per the directions of this Court on two occasions. 7. In the result, the writ petition is partly allowed. No costs. This order is pas .....

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