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2007 (12) TMI 299 - KARNATAKA HIGH COURTNon-compliance of import licence and for mis-utilizing the same - Notification No. 18/9/97/ECA-III dt. 20-1-1999 - It is also submitted that the petitioner was constrained to file an appeal for the reason that for realization of the penalty imposed on the importer, namely, M/s. Magosan Exports (P) Ltd., the properties of the writ petitioner was being attached and therefore it became necessary for the writ petitioner to file an appeal to get over the order levying penalty and the appellate authority having not bestowed any attention to this aspect, the order is liable to be set aside - It is found that the petition is not one with bona fides, particularly, as if as submitted by Sri Krishnamoorthy, learned counsel for the petitioner, the petitioner has preferred any independent writ petition questioning the legality of the action attaching the property of the petitioner, the only reason for which this writ petition is filed is for getting over the order of penalty which is not on the petitioner, but on the company, the present writ petition and the purpose of the petitioner is to avoid the order of penalty or to get over the order of penalty imposed on the company though it is not on the petitioner in his personal capacity - Decided against the assessee
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