Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2019 (10) TMI 182

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hir Mekal i/b M/s. ALMT Legal, for Respondent No.2. P.C. : This Appeal under Section 130 of the Customs Act, 1962 (Act) challenges the order dated 26 May 2004 passed by the Customs Excise and Service Tax Tribunal (the 'Tribunal'). 2. The present Appeal filed by the Revenue is in respect of four Respondents namely M/s.Advance Technology Devices, M/s. Crompton Greaves Ltd., Mr.C.K.Bajpai and Mr.C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ce Technology Devices. 5. The Revenue has urged the following question of law : 'Whether in the facts and circumstances of the case the Tribunal, is right in allowing the appeal of the Respondents and dismissing the appeal of the Revenue for enhancing the quantum of penalty vide appeal No.C/ 400/1996-Bom.?' 6. The Tribunal by the common impugned order disposed of appeals filed by the Revenue a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Tribunal considered both the appeal of the Revenue as well as appeal of the Respondent together as is evident from the impugned order itself which refers the same in para 9 thereof as under :- 'M/s ATD have not disputed that what was imported by them were complete computer systems, and therefore the only prayer before us is for leniency in the quantum of fine and penalty. On the other hand th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es Limited was negotiated and finalised before the Respondent came into the picture. Therefore the impugned order in the overall facts and circumstances of the case reduced the penalty from Rs. 5 lakhs to Rs. 2.50 lakhs. In these facts the view taken by the Tribunal is a very possible view and cannot be said to be perverse. 10. In the above view the question as proposed does not give rise to any ....