2015 (11) TMI 40

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....ation received against M/s.B.S. Enterprises. That out of total stock lying at the premises of the appellant, the visiting officers detained Guys & Dolls brand footwear valued at Rs. 7,68,256/- (MRP) for the reason that the invoices issued by M/s.B.S.Enterprises did not contain MRP details. The statement of Shri Virender Kumar, partner of the appellant firm was taken and thereafter show cause notice dated 17.9.2010 was issued to M/s.B.S.Enterprises and others including the appellant, inter-alia, proposing confiscation of the goods seized at the premises of the appellant and also for imposing penalty under Rule 26 upon the appellant firm and separate penalty upon partner Shri Virender Kumar. The SCN finalized in the order dated 7.7.2011 whic....

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....ct the MRP details. 5. Learned Counsel for the appellant submitted that Shri Virender Kumar, partner of the appellant firm paid the penalty only because of being a nominal amount of Rs. 5,000/-. But the Revenue thereafter filed appeal and the Commissioner (Appeals) vide impugned order has imposed a heavy penalty of Rs. 80,000/- separately on the firm. Learned Counsel contended that the appellant had no knowledge whether M/s.B.S.Enterprises had paid duty on the goods or not as they were only dealers/distributors of the goods. Learned Counsel strongly urged for reduction in redemption fine as the levy of fine has not taken into account the abatement. He submitted that as per MRP, the goods seized valued at Rs. 7,68,256/-. The assessable valu....