2017 (11) TMI 788

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....f cleared as such into the DTA or used in manufacture of goods that are cleared to DTA. As they had not paid Anti Dumping duty, the proceedings under Section 28(4) of the Customs Act were initiated against M/s Duflon Industries Pvt. Ltd. as well as against the appellant. As M/s Duflon Industries Pvt. Ltd. paid the entire amount duty along with interest and 15% of duty amount as penalty in terms of Explanation 3 to Section 28 of the Customs Act, 1962. Therefore, the proceedings against M/s Duflon Industries Pvt. Ltd. were dropped by way of impugned order, but penalty against the appellant has been confirmed. Aggrieved from the said order, the appellant is before me. 3. Learned Counsel for the appellant submits that as per Explanation 3 to....

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....said decision is on Kar Vivad Samadhan Scheme, 1998 and the same is not relevant to the present case, therefore, the said decision is not applicable to the facts of the present case. 7. Whereas the learned Counsel for the appellant relies on Gautam Pukhraj Bafna (supra), wherein the facts of the case are as under: - "4. The appellant is a director of M/s. Rajguru Impex P. Ltd. engaged in the business of foreign exchange. DRI made an investigation in the case of Shri Rajesh Agarwal, Smt. Manju Agarwal, Shri Rajendra Agarwal, Shri Manish Agarwal and Shri Navin Agarwal who were involved in importing of tin plates, C.R. Sheets, HSM, LMS, etc. During the course of investigation, it was found that the imported goods were highly underv....