2016 (5) TMI 189

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..... (A.R) ORDER PER : RAMESH NAIR The appeal is directed against the Order-in-Appeal No. MUM-CUSTN-SXP-10 to 13-14-15 dt. 20.5.2014 passed by Commissioner of Customs (Appeals) Mumbai-I whereby the Ld. Commissioner (Appeals) reduced the penalty from Rs. 5 lakhs to Rs. 10,000/-. Aggrieved by the impugned order, the appellant filed this appeal for waiver of penalty of Rs. 10,000/-. 2. The fact of ....

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....aba Traders, the allottee of IEC. The Ld. Commissioner (Appeals) considering the Settlement Commission order reduced the penalty on the appellant from Rs. 5lakhs to Rs. 10,000/-. 3. Shri Divesh Tripathi, Ld. Counsel for the appellants submits that in the decision of S.K. Colombowala Vs. Commissioner of Customs (Import) 2007 (220) E.L.T. 492 (Tri.-Mumbai) this Tribunal has held that once the case ....

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....ssioner (A.r.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submits that even though the S.K. Colombowala judgment is followed the penalty of Rs. 10,000/- cannot be waived for the reason that Ld. Commissioner (Appeals) has reduced the penalty from Rs. 5lakhs to meager amount of Rs. 10,000/- only on the basis of settlement order passed in respect of main part....