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2016 (5) TMI 438 - CESTAT NEW DELHI

2016 (5) TMI 438 - CESTAT NEW DELHI - 2016 (332) E.L.T. 733 (Tri. - Del.) - Imposition of penalty - Appellant submitted that he has resigned from M/s. Infocall Solutions Pvt. Ltd. on 4-7-2006 and is no way concerned with the activity of said company, therefore, penalty on the appellant is not imposable in the absence of any statement of appellant is recorded and moreover, no examination of the witnesses has been given to the appellant to impose penalty. - Section 112 of the Customs Act - Period .....

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sence of any inculpatory statement of the appellant, penalty on the appellant is not imposable. Impugned order qua imposing penalty is set aside. - Decided in favour of appellant - C/4/2012-(SM) - Final Order No. A/53337/2015-SM(BR) - Dated:- 27-10-2015 - Shri Ashok Jindal, Member (J) Shri Prabhat Kumar, Advocate, for the Appellant. Shri M.R. Sharma, AR, for the Respondent. ORDER The appellant is in appeal against the impugned order imposing penalty of ₹ 5 lakh under Section 112 of the Cus .....

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ngs, a penalty of ₹ 5 lakh was imposed on the appellant. Aggrieved from the said imposition of penalty, appellant is before me. 3. The learned Counsel for the appellant submits that appellant has resigned from M/s. Infocall Solutions Pvt. Ltd. on 4-7-2006 and is no way concerned with the activity of said company, therefore, penalty on the appellant is not imposable in the absence of any statement of appellant is recorded. Moreover, no examination of the witnesses has been given to the .....

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