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2014 (5) TMI 867 - AT - CustomsWaiver of pre-deposit of penalty - import of Polyester Spun Yarn - customs duty exemption under Duty Free Credit Entitlement (DFCE) scheme - Held that:- it is an admitted position that the appellant knowing fully well facilitated the diversion of the goods imported under Target Plus Scheme in complete disregard of the provisions of law, for which he received a consideration. Thus, the appellant appears to have actively aided and abetted evasion of customs duty and, therefore, penalty was imposable on the appellant under the provisions of Section 112(b) of the Customs Act, 1962. If penalty is imposable, there is no reason why at the interim stage, the applicant should not be put to terms. A pre-deposit of ₹ 15 lakhs against the confirmed penalty of ₹ 75 lakhs works out to only 20% of the penalty imposed and cannot be said to be harsh or excessive. Even in the earlier order of the Tribunal, the appellant has paid a sum of ₹ 68 lakhs against the confirmation of duty demand of ₹ 1.79 crore, which approximately works out to 40% of the demand confirmed. Therefore, in the present case, a pre-deposit of ₹ 15 lakhs ordered by the Member (Technical) cannot be faulted - Decided against assessee.
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