2013 (8) TMI 690

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....dran; This stay petition is filed for the waiver of pre-deposit penalty imposed by the adjudicating authority on the appellant under the provisions of Section 112 of the Customs Act, 1962. 2. Ld. counsel would take us through the show cause notice and the order in original and more specifically to the findings recorded by the adjudicating authority as regards the appellants role. He would s....

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....ituation, in the case of Ashwin S. Mehta 2006 (197) ELT 386 and in the case of Jai Narayan Pharma 1995 (76) ELT 421, the coordinate bench of this Tribunal, held that no penalty can be imposed under Section 112 of the Customs Act, 1962. 3. Ld. D.R. on the other hand would point out that all the details regarding diversion of the goods and the sale of the imported material on which customs duty w....