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2018 (10) TMI 1855 - CESTAT NEW DELHILevy of penalty under Section 114AA of the Customs Act, 1962 - opening of fake bank accounts in the name of appellant - HELD THAT:- The appellant had already studied upto graduation, and was further pursuing hotel management courses. Thus, the appellant was an adult aged about 22 years. Thus, it cannot be said that the appellant was of tender age and innocent. Further, it is not coming from the facts on record that the appellant knowingly did the acts of omission and commission during his pleasure trip to Hong Kong. However, the appellant was paid about ₹ 20,000/- by Palta Brothers and thus, the appellant appears to have been lured in signing various documents for opening of bank account in connection with the company, without much understanding the consequences. The penalty is rightly imposed on the appellant - But the penalty imposed is excessive, the penalty reduced from ₹ 1,00,000/- to ₹ 25,000/- - appeal allowed in part.
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