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2013 (8) TMI 570 - AT - CustomsAbetting diversion of Goods - Assesses were engaged in abetting diversion of Muriate of Potash which were imported at concessional rate of duty for use as fertilizer or in the manufacture of composite fertilizer the allegations against assessee prima facie, seems to be incorrect as they had produced records of proper accounting of imported fertilizers and sale thereof to the persons who were authorized to deal in such kind of goods. Penalty u/s 112(b) and 114(i) - Waiver of pre deposit stay application -- none of the assessees had imported the goods The assessees were charged for export of fertilizers in the guise of Industrial Salt Held that:- The penalties imposed u/s 112(b) by any stretch of imagination cannot be fastened on all the assesses - assessee had made out a prima facie case for waiver of pre-deposit of the amounts involved waiver of pre deposit allowed decided in favour of assessee.
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