2012 (3) TMI 370

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....t. Shri S.C. Kamra and G.K. Mahajan, Advocates, for the Respondent. ORDER Being aggrieved with that part of the impugned order of Commissioner (Appeals) vide which he has reduced the penalty imposed upon the respondents from Rs. 99,46,000/- to Rs. 5000/-, the present appeal stands filed by the respondents. 2. After hearing both sides, we find that the appellants were required to p....

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....the same by following some precedent decisions of the Tribunal. 3. The only dispute required to be decided in the present appeal is as to whether penalty to be imposed upon the appellant in terms of provisions of Rule 96ZQ(5) should be equivalent to the duty late deposited by them or the imposition of penalty of Rs. 5,000/- would meet the ends of justice. Revenue's contention is that penal....

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....sions of Rules 96ZO, 96ZP and 96ZQ provide minimum penalty without discretion and without considering extent and circumstances for delay are ultra vires the Constitution of India. 5. No contra decisions stands brought to our notice, inasmuch as the provisions of Rule 96ZQ(5) which are the subject matter of present dispute, stands held as ultra virus by the Hon'ble High Court of Punjab and ....