TMI Blog2011 (8) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... been paid - Having regard to the quantum of duty evaded and attitude of the appellants and facts and circumstances of the case, I consider it appropriate that penalty on the Director has to be reduced and lenient view is required to be taken - penalty imposed on the Director is reduced to Rs. 25,000 - E/809, 894 and 895 of 2010 - - - Dated:- 19-8-2011 - Mr. B.S.V. Murthy, J. For Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Panchnama drawn during the search and also agreed with the shortage of 8220 Kgs. of POY and illicit clearance thereof. They paid the duty of Customs amounting to Rs. 3,08,398/-. 2. In the impugned order, the duty demand with interest was confirmed and penalty under Section 11AC of Central Excise Act, 1944 was imposed and option was given to the assessee and the Director to pay the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LT 471 (Guj.), action of the learned Commissioner (Appeals) in extending the benefit of option for payment of 25% of duty towards penalty within 30 days of the communication of order is to be upheld. Therefore, appeal filed by the Revenue has no merits and accordingly, rejected. 4. M/s. Gandhi Capital Pvt. Limited is in appeal against the redemption fine imposed upon them. Learned Counsel subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be imposed in respect of the goods which were not seized but liable to confiscation. Following the decision of the Tribunal respectfully, I come to the conclusion that redemption fine imposed is not sustainable and accordingly, set-aside the same. 5. Director of the appellant Company is in appeal against the personal penalty of Rs. One lakh imposed on him. Learned counsel submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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