TMI Blog2011 (6) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... rap is concerned - this case calls for a lenient view and in this regard, as prayed for by the learned counsel for the appellants, we reduce the penalty of Rs.11,80,575/- imposed under Section 114A of the Customs Act, 1962 by an amount of Rs. 2 lakhs representing differential duty on lead scrap relay which was not found to be mis-declared - Appeal is dismissed - C/243 to 245/2003 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.1. lakh has been imposed on the appellant M/s. Rajeshwari Metallurgicals Ltd. under Section 112(a) and a penalty of Rs.25,000/- has been imposed on the appellant Shri Jayaram Muthukali, MD of M/s. Rajeshwari Metallurgicals Ltd. under Section 112(a) of the Customs Act, 1962. 3. The learned counsel Shri R. Raghavan states that the impugned goods have been redeemed on payment of the redemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants have agreed to pay does not warrant equivalent penalty under Section 114A since the ingredients specified thereunder are not present insofar as the copper scrap is concerned. 4. The learned SDR Shri C. Dhanasekaran appearing for the Department supports the impugned order and states that the penalties have been correctly determined and there is no scope of reduction. 5. After consideri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scrap relay is concerned, the finding of the adjudicating-Commissioner itself indicates that there is no mis-declaration in respect of the same and the value which has been finally adopted for assessment of the same is also based on the acceptance on behalf of the appellants. Hence in respect of the differential duty amount of about Rs. 2 lakhs, the ingredients required under Section 114A cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
