1999 (6) TMI 178

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....s. [Order]. - Vide the present application, the applicant firm is praying for dispensation with the pre-deposit of penalty amount of Rs. 1.00 lakh imposed by the Additional Commissioner of Customs, Calcutta and confirmed by the Commissioner (Appeals). 2.  Arguing on the application, Shri D.K. Mukhopadhyay, learned Advocate clarifies that they are not challenging the valuation done by....

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....f duty at the higher value fixed by the original adjudicating authority and as such, are entitled to the refund of duty, when the value was lowered by the Commissioner (Appeals). As such the differential duty paid by them has become refundable to them and is lying with the Department. In these circumstances, he submits that the penalty of Rs. 1.00 lakh be waived for the purposes of Section 129E. ....

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....less it is corroborated by unflinching evidence and suspicion, howsoever, grave cannot take the place of proof. 5.  I have considered the submissions made from both sides. At the outset, I would like to observe that the decision relied upon by the learned Advocate is out of context and the ratio laid down therein, is not at all applicable to the facts of the instant case. Here, the applica....