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2016 (12) TMI 1641 - AT - CustomsPenalty u/s 112(a) of the CA, 1962 - case of appellant is that once the goods sold to BPCL in line with OCL directives to make use of the subject imported SKO meant for PDS supply, the IOCL being a canalising agent only cannot be made responsible and liable to penalty u/s 112(a) as such and the same is not tenable - Held that: - it is evident that the M/s.IOCL sold the goods to BPCL in compliance of the conditions of the Notification. It is noted that M/s.IOCL had already paid the duty, which was appropriated by the adjudicating authority. In such situation, the imposition of penalty on the appellant is in my view, unjustified - penalties set aside - appeal allowed - decided in favor of appellant.
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