2008 (9) TMI 249

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..... Mohiddin, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - M/s. Kozy Silks Pvt. Ltd., the appellants in appeal No. C/75/02, had imported mulberry raw silk under DEEC scheme on the strength of Advance Licence dt. 11-11-96, for the purpose of export of silk fabrics. The imported raw material was cleared duty-free in terms of Customs Notification No, 80/95 dt. 31-3-95. Under the....

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....nalized under Section 112 ibid. These proposals were contested. In adjudication of the dispute, the Commissioner of Customs confirmed the demand of duty against the company, imposed equal amount of penalty on them under Section 114, imposed a penalty of Rs. 2 lakhs on the Managing Director under Section 112 of the Act and ordered adjustment of the amount covered by Bank Guarantee towards payment o....

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....cts. It is pointed out that, for invoking Section 114A, the demand of duty not levied, short-levied etc. should be upon determination of such duty under sub-section (2) of Section 28 of the Customs Act. In the present case, the entire demand is in terms of Notification No. 80/95-Cus. ibid. There is no allegation of collusion or wilful misstatement or suppression either. In the circumstances, Secti....

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.... the ld. JDR also in this connection. He has relied on the Tribunal's decision in Mohan Aluminium (P) Ltd. v. Commissioner, 2007 (210) E.L.T. 513 (Tri.-Bang.), wherein, in a similar case, penalty imposed on the Managing Director of the importer-company under Section 112 of the Customs Act was sustained. After considering the submissions, we have to accept the plea made by the ld. JDR. The penalty ....