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2017 (6) TMI 1281 - CESTAT NEW DELHIBenefit of reduced penalty - settlement of the case - whether the benefit of reduced penalty of 15% under the amended Section 28(5) of Customs Act, 1962 read with Explanation 3 appended thereto should be available to the appellants for settlement of their case under Section 28(6) of the Act? - Held that:- The provisions of Section 28(5) of the Customs Act, 1962 was amended vide Finance Act, 2015 and received the assent of the President of India on 14-5-2015. Explanation 3 appended to the amended provisions of Section 28(5) has extended the benefit of reduced amount of penalty of 15% to those cases, which were pending for closure with the adjudicating authority. In these cases, though the show cause notice was issued on 8-10-2014, but the same was adjudicated vide order dated 30-10-2015. Since such order was passed after the amendment of Section 28(5) ibid, the benefit of reduced penalty of 15% should be available to the appellant - the impugned order to the extent, it confirmed the penalty of 25% on the appellants are set aside and the appeals are allowed in favour of the appellants with the benefit of payment of reduced amount of penalty of 15% on the amount of non-payment of duty. Appeal allowed - decided in favor of appellant.
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