TMI Blog2016 (5) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... .K. Colombowala Vs. Commissioner of Customs judgment of Tribunal [2007 (7) TMI 514 - CESTAT, MUMBAI], the essence of the judgment is that the treatment is given to the other parties by the Settlement Commission should be extended to the present appellant. Since, in the case of other party i.e Shri Farid Abbajunma and M/s. Saibaba Traders the penalties of ₹ 50,000/- and ₹ 10,000/- respectively were imposed. Even applying to the same ratio, the Ld. Commissioner (Appeals) has rightly reduced the penalty substantially from ₹ 5 lakhs to ₹ 10,000/-. The Ld. Commissioner (Appeals) has followed the settlement order in its entirety which does not require any interference, therefore the impugned order is upheld. - Decided agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Saibaba Traders, the allottee of IEC. The Ld. Commissioner (Appeals) considering the Settlement Commission order reduced the penalty on the appellant from ₹ 5lakhs to ₹ 10,000/-. 3. Shri Divesh Tripathi, Ld. Counsel for the appellants submits that in the decision of S.K. Colombowala Vs. Commissioner of Customs (Import) 2007 (220) E.L.T. 492 (Tri.-Mumbai) this Tribunal has held that once the case of main person is settled by the Settlement Commission, the case stands settled in its entirety and such a case then cannot be adjudicated in respect of other co-noticees. In view of this judgment, since the case of the main persons i.e. Shri Farid Abbajunma M/s. Saibaba Traders has been settled by the Settlement Commission, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment, I am of the view that the essence of the judgment is that the treatment is given to the other parties by the Settlement Commission should be extended to the present appellant. Since, in the case of other party i.e Shri Farid Abbajunma and M/s. Saibaba Traders the penalties of ₹ 50,000/- and ₹ 10,000/- respectively were imposed. Even applying to the same ratio, the Ld. Commissioner (Appeals) has rightly reduced the penalty substantially from ₹ 5 lakhs to ₹ 10,000/-. The Ld. Commissioner (Appeals) has followed the settlement order in its entirety which does not require any interference, therefore the impugned order is upheld and the appeal is dismissed. (Pronounced Dictated in court) - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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