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2014 (5) TMI 122 - GUJARAT HIGH COURTReasoned Order - Exemption of Duty – Notification of Scheme – Misuse of the benefit – Diversion of duty free goods to open Market - Setting aside of Penalty – Whether Tribunal erred in setting aside penalty of Rs. 25 lacs u/s 112(b) of the Customs Act, 1962 – Held That:- Tribunal’s reasoning for the conclusion it arrived at, is not satisfactory both in its extent and content - Whatever conclusion the Tribunal may reach, it has to spell out in support of its order proper and adequate reasons - Reasons are a soul of any judicial order and good and proper reasoning makes its body strong - Court remands the matter back to Tribunal directing it to decide the matter afresh after giving notice to the parties and hearing them - Tribunal committed an error in passing the impugned order - The question formulated above is accordingly answered in affirmative – Decided in Favour of assessee.
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