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2016 (11) TMI 5 - CESTAT MUMBAI

2016 (11) TMI 5 - CESTAT MUMBAI - TMI - Levy of penalty for abetting Undervalution - retraction of statement - imposition of penalties u/s 112 of the CA, 1962 - import of body sprays - Held that: - From the statement of the appellant recorded by the DRI it can be seen that the appellant has been consistently taking a stand that the primary role in negotiating the price and undervaluation with foreign supplier was of M.L. Patwari, though he too was in contact with Pannessar. The statement however .....

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under Section 112. However, the penalty of ₹ 23,08,177/- is excessive. In view of the facts of the case, the penalty is revised from ₹ 23,08,177/- to ₹ 5 lakhs - appeal disposed off - decided partly in favor of appellant. - C/520/05 - A/90615/16/CB - Dated:- 27-9-2016 - Shri M.V. Ravindran, Member (Judicial) and Shri Raju, Member (Technical) Shri Nikhil Rungta, Advocate for the appellant Shri C. Singh, AC (AR) for the respondent ORDER M/s. Sunspur Pvt. Ltd. was engaged in impor .....

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pies of invoices showing actual price and (iv) price list of Goldspur Ltd. U.K. for export to India. The said letter also mentioned that Mr. Pannessar asserted that duplicate invoices were issued on the request of Shri Ashok Chhajed, the appellant. The demand of duty was confirmed against Sunspur Ltd. and equivalent penalty of ₹ 23,08,177/- was imposed on appellant under Section 112 of Customs Act, 1962. Aggrieved by the said order, the appellant is in appeal before the Tribunal. 2. Ld. co .....

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