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Commissioner of Customs, Noida Versus M/s Dhampur Sugar Mills and Anr.

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 genuinenes .....

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d finds that quantum of penalty imposed is pure question of fact and does not raise any substantial question of law – Appeal dismissed in favour of the Respondents. - Custom Appeal Defective No. - 93 of 2015 - Dated:- 23-3-2015 - Sudhir Agarwal a .....

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l 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 no .....

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g the appeal within time has been satisfactorily explained. The application under Section 5 of Limitation Act is allowed. The delay in filing the appeal is condoned. Let the appeal be registered with regular number and the old number shall also conti .....

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nd 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 impose .....

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ese aspects of matter, the Tribunal has taken an appropriate view of the matter to reduce the quantum and impose the penalty of ₹ 10 Lakhs each under sections 114 (i), 114 AA of Customs Act, 1962. Similarly, so far as the quantum of penalty imp .....

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