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2012 (5) TMI 541 - CESTAT CHENNAIPenalty - Non export of goods - Malafide intention of assessee - Held that:- Duty stands confirmed as not contested. Penalty of identical amount also stands confirmed. We, further note that there is admittedly violation of the provision of the policy in as much as the appellants have not exported 1045 pairs of shoes. As such, they are liable to penalty. In view of the law declared by the Hon’ble Supreme Court in the case of Dharmendra Textiles [2008 (9) TMI 52 - SUPREME COURT], we uphold the imposition of penalty to the extent of 100%. Further penalty of identical amount also stands confirmed. However, the appellants are given an option to pay 25% of the same within a period of 30 days from receipt of the present order, in terms of proviso to Section 114A of the Customs Act, 1962, in which case the penalty shall stand reduced to 25% - Decided partly in favour of assessee.
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