2017 (7) TMI 627

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....pondent ORDER [ Order per: M. V. Ravindran.] 1. This appeal is directed against Order-in-Appeal No. HYD-CUS-000-APP-013-15-16 dated 19.08.2015. 2. Heard both sides and perused the records. 3. The issue that falls for consideration in this appeal is whether the appellant is liable to be penalised under Section 112 of the Customs Act, 1962 or otherwise. 4. It is noticed from the re....

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....Pragati Offset Pvt. Ltd., who have imported goods by utilizing the fraudulently obtained DFRC licences. The adjudicating authority as well as First Appellate Authority imposed penalty on the appellant which has been contested. The main ground of appellant for non-imposition of the penalty is that they had purchased licences from M/s Ria Impex Pvt. Ltd., on commercial terms and paid the amount by c....

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....d with the export of the goods or in obtaining of DFRC licence or in import of goods against such DFRC licence, but being a part and parcel of the fraudulent transaction which was carried out to defraud the Government of its revenue, penalty is imposable on this appellant. 6. It is noticed that a penalty of Rs. 5 lakhs was imposed by the adjudicating authority under Section 112 of the Customs A....