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2015 (10) TMI 1096 - ALLAHABAD HIGH COURT

2015 (10) TMI 1096 - ALLAHABAD HIGH COURT - 2015 (323) E.L.T. 352 (All.) - Appeal for reducing the Penalty Appeal being time barred to 55 days Appellant submits that delay for not filing the appeal within time has been satisfactorily explained Revenue did not file written objection and Court may examine the genuineness of explanation given by the appellant for filing the appeal beyond time.

Held That:- Tribunal has taken an appropriate view of the matter to reduce the quantum an .....

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Revenue under section 130 of Customs Act, 1962 against the order of Tribunal dated 04.07.2014 passed in Customs Appeals No. 60023 and 60024 of 2013 CU(DB). This appeal has been reported being time barred by 55 days. Sri Nishant Misra, Advocate, has put in appearance on behalf of respondents. He stated at bar that he does not propose to file a written objection and the Court may examine the genuineness of explanation given by the appellant for filing the appeal beyond time and pass appropriate or .....

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nal has reduced the quantum of penalty imposed upon the respondents No. 1 and 2 from ₹ 1 Crore to ₹ 10 Lakhs under section 114 (i), 114 AA of Customs Act, 1962 and from ₹ 10 Lakhs to ₹ 50,000/- respectively. From perusal of the record, it is found that while reducing the quantum of the penalty imposed upon the respondents No. 1, the Tribunal has not only considered the quantum of the sugar which was exported, but also the various factors including the profitability which .....

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