2016 (11) TMI 1428

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....la, Senior Standing Counsel, for the Respondent. ORDER CM No. 43078/2016 (for exemption) : Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 11005/2016 3. Issue notice. 4. Mr. Sanjeev Narula, Senior Standing Counsel accepts notice on behalf of the respondent. 5. The writ petitioner's grievance is that despite the final order of the S....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....refore, liable to penalty and the offending goods liable to fine. The Bench observes that the applicant has made full and true disclosure of their duty liability and has cooperated with the investigation and in the proceedings before the Commission. The Bench also takes into account the role of the co-applicant no. 4 in the whole matter. In view of the facts and circumstances of the case, the Benc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... this order and inform the same to the applicant who shall pay the balance amount forthwith in the next 15 days from the date of receipt of such communication from Revenue under intimation to the Revenue and the Commission. Penalty : Taking into account the facts and circumstances of the case, the Bench imposes a penalty of Rs. 50,000/- (Rupees fifty thousand only) on the applicant firm under the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....his order will be made good by the applicants. Balance amount, if any, may be returned to the applicants within 15 days of the settlement of all dues. Upon payment of all dues, the bank guarantee executed for provisional release of the goods may be returned. Prosecution : The Bench grants immunity to all the applicants and the co-applicants from prosecution under the Act and Rules framed thereund....