2024 (1) TMI 473

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....referred as Regulations 2011)' pending submission of some of the documents by the Appellant. As per Regulation 3 of the above said Regulation, the appellant has to submit all documents necessary for finalization within one month from the date of provisional assessment. 2. The Appellant submitted that they have imported coal vide 10 Bills of Entry, out of which documents in respect of 6(six) Bills of Entry have been submitted and the assessment were finalized. In respect of the remaining 4(four) Bills of Entry, they could not submit the documents within the stipulated time period of 30(thirty) days. Accordingly, the department initiated proceedings for imposition of penalty as per Regulation 5 of the above said Regulations 2011. The Notic....

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....e decisions cited above, he prayed for setting aside the enhanced penalty imposed in the impugned order. 5. The Ld. Authorized Representative appearing for the Revenue submits that submission of documents within the stipulated time period is necessary for timely finalization of the provisional assessments. Delay in submission of documents have delayed the finalization of the provisional assessment and consequently realization of duty liability, if any, from the appellant. Accordingly, he justified the enhancement of the penalty by the Ld.Commissioner(Appeals) in the impugned order. 6. Heard both sides and perused the appeal documents. 7. I find that the issue involved in the present appeal is imposition of penalty for non-submissio....

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....ther the requisite documents they were presented before the assessing officers for finalising the provisional assessments. In fact, out of the 35 Bills of Entry involved, 27 could be finalised even before passing of the adjudication order. Keeping all this in view, the adjudicating authority  took a fair decision and imposed a nominal penalty of Rs. 20,000/- which comes to Rs. 2,500/- for each of the remaining 8 Bills of Entry yet to be finalised for want of all the documents. This amount has already been paid by the appellant. The order of the Commissioner (Appeals) does not establish any ground for enhancing the penalty to the maximum of Rs. 50,000/- per Bill of Entry yet to be finalised. 10. In the case of Essar Oil Ltd. v.....