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2015 (12) TMI 171 - AT - CustomsWaiver of pre deposit - Denial of the benefit of customs Notification No. 48/1999-cus dated 29.04.99 - diversion of imported ‘Mulbery Raw Silk and Dupion Yarn' under advance Licences - Imposition of penalty - Held that:- Adjudicating authority has clearly brought out in his findings the diversion of imported goods with connivance of other co-noticees. We also find that Shri Mahesh Khemka already deposited ₹ 5,50,000/- and customs encashed the bank guarantee and appropriated for an amount of ₹ 29,61,884/- as clearly indicated at page-11 in para-10(p) of OIO. However, the adjudicating authority has not appropriated the said amount in the adjudication order. - As regards imposition of penalty, prima facie, we find all the four of the applicants have made out a case for waiver of penalty - Stay granted.
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