2007 (1) TMI 378

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....e Respondent. [Order per : P.G. Chacko, Member (J)]. - The application is for waiver of predeposit and stay of recovery in respect of the amount of penalty of Rs. 25 lakhs imposed on the applicant (appellant) by the Commissioner. After examining the records and hearing both sides, we find that the appellant has been found, along with one Shri Vijayaraghavan and one Shri Thomas, as having abe....

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....the consignment were fully known to them. Shri Vijayaraghavan proposed to clear the goods and Shri Suresh endorsed the same albeit with hesitation. As instructed by Shri Suresh, Shri Vijayaraghavan handed over import documents to Shri J. Thomas who filed the bill of entry with allied documents and secured clearance of the goods. It further appears from the records that M/s. ITC Ltd.; upon coming t....

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.... under Section 108 of the Customs Act. It is on this basis that the penalty of Rs. 25 lakhs was imposed on Shri Suresh (appellant) under Section 112(a) of the Act and a penalty of Rs. 5 lakhs was imposed on Shri Vijayaraghavan under the same provision. After examining the records and hearing both sides, we have not found prima facie case for the appellant against penalty on him. It appears from th....