2008 (11) TMI 694

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..... is petition is directed against the order passed by the Tribunal, by which the Tribunal after giving cogent reasons has allowed the petitioner to deposit Rs. 2 crores instead of Rs. 4,90,93,914/- and also waived the penalty of Rs. 4,90,93,914/- as ordered by the Commissioner of Customs (Import). The Tribunal has given cogent reasons and in fact liberal view has been taken in favour of the petition .....

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..... en times less than the actual freight paid / payable. d) The Article 7 of the exclusive distributorship agreement was for pricing on FOB basis unless specially agreed in writing whereas the invoices were on CIF basis, and no document for change in invoicing put forward by the importer. e) Both Nikkalite brand of M/s.Nippon Carbide Industries and Kiwalite brand of Kiwa Chemical Industry Co manu .....

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..... ith Explanation II there of. 2. In our view, the Tribunal has taken lenient view in favour of the petitioner by asking him to deposit Rs. 2 crores. The learned counsel for the petitioner also failed to point out any financial hardship in order to substantiate his say that the amount of pre-deposit should be reduced. This is not a case in which this Court would like to interfere with the impugned .....

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