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2014 (10) TMI 80 - DELHI HIGH COURTImposition of penalty - Whether the CESTAT was right and justified in imposing penalty of ₹ 3 lacs on assessee, though it has recorded that Mr. Neeraj Jain was the main culprit - Held that:- total fine imposed on Neeraj Jain is ₹ 7 lacs. Penalty of ₹ 1 lac each has also been imposed on Shailender Singh and Santosh Kumar Jain, but they were not appellants before the Tribunal in the batch of appeals decided by the impugned order. It is submitted that when penalty of ₹ 7 lacs has been imposed on Neeraj Jain, then the penalty of ₹ 3 lacs on appellant M.L. Chandra is not justified even if we accept that M.L. Chandra was to share profit with Neeraj Jain in the ratio of 80%:20%. Penalty should be proportionate. It is also submitted that penalty of ₹ 1 lac has been imposed on Santosh Kumar Jain, but penalty of ₹ 3 lacs has been imposed on the appellant. Santosh Kumar Jain, it is claimed and submitted is the recorded proprietor. It is brought to our notice that M.L. Chandra was hospitalized immediately after recording of his statement dated 31st January, 2004 and the retraction dated 5th February, 2004 was made while the said appellant was still in hospital - Penalty redeuced - Decided partly in favour of assessee.
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