2009 (10) TMI 699

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....nan, Special Counsel, for the Respondent. ORDER These appeals have been filed by M/s. Lanco Kondapalli Power Pvt. Ltd. (Lanco) and Shri Y. Harish Chandra Prasad, Managing Director of Lanco. After hearing both sides for some time on stay petitions filed by the applicants, we find that the appeals themselves can be disposed of without a further hearing. Accordingly, we take up the appeals prop....

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....ed and a fine of Rs. 10 Crores ordered under Section 125(l)of the Act. Penalty of Rs. 50 Crores was imposed on Lanco. 3. In the initial round vide Final Order No. 1616/2004 dated 18-10-2004, the order of the original authority in relation to the impugned imports was remanded to the original authority finding that the Assistant Commissioner of Customs, Kakinada had also issued a notice to the ap....

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....by the Commissioner. Therefore, the impugned order is not just and legal. On this ground alone, the impugned order is to be set aside as it is not a speaking order. In view of the pleas raised by the appellants and taking into consideration of the facts and circumstances of the case, we set aside the impugned order and remand the matter to the Commissioner for de novo consideration to be decided i....

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....he appellants is not rebutted. In the circumstances, we are constrained to remand the matter to the Commissioner for fresh adjudication after considering all the relevant evidence produced by the appellants in response to the proposals in the notice for finalization of final assessment. No penalty can be imposed on Shri Harish Chandra Prasad, Managing Director of the appellant-company, unless the ....