TMI Blog2016 (8) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... be said to be per verse, which would be a case for interference in exercise of power with this Court. It is required to be stated that when two views are possible and if one is opted by the lower authority, such would not call for interference. It is found that even if the principles observed in the said decision are considered, it cannot be said that the discretion exercised by the Tribunal in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised on behalf of the appellant was that the first authority i.e. the Commissioner of Customs considering the seriousness of the matter and having also found that the respondent broker has committed breach of the regulation, exercised the power for cancellation of the licence, imposition of penalty and forfeiture of security deposit. However, the Tribunal in exercise of the appellate pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to us that the Tribunal in the impugned order has interfered with on the ground of proportionality of punishment. Two aspects weighed with the Tribunal. One was that M/s. V.J. Enterprises, namely Vijayakumar was not a bogus party, but was a party for existence. Further, the agreement between Ganeshan to give certain percent of profit to Vijayakumar had transpired and therefore, the goods were cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed for forfeiture of security and imposition of penalty of ₹ 50,000/-. After taking into consideration the aforesaid aspects, the Tribunal has exercised the discretion of imposing penalty of ₹ 50,000/- and forfeiting the security already deposited, with the observation that the respondent herein may apply for a fresh licence which may be considered in accordance with law. 5. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch are not the fact situation in the present case. It is true that the agent has to honour the trust by observance of the relevant regulations, but at the same time when the punishment is to be imposed, there is discretionary power to be exercised in a reasonable manner, by considering the aspect of gravity of the crime or b reach. We do not find that even if the principles observed in the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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