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TMI Blog2018 (4) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... A: The Tribunal vide its order no. 52548/2017 dated 17.03.2017 has dismissed the appeal filed by the assessee - Appellants in limine by applying the provisions of Section 129A(iii) of the Customs Act, 1962 as the penalty amount was less than rupees two lacs. 2. Being aggrieved, the assessee - Appellant s have filed the Customs Appeal No. 56/2017 before the Hon'ble Delhi High Court, who vide its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for the assessee - Appellant and Sh. R.K. M anjhi , learned DR for the Revenue. 6 . After hearing both sides and on perusal of record, it appears that similar consignment was imported by M/s Sing World and the Tribunal vide Final Order No. 52551/2017 dated 17.03.2017, after discussing a number of case laws, dropped the penalty by observing that: "5. After hearing both sides and on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was not examined by the department. The appellant has purchased the licence from the market under the bonafide belief, the failure is mainly on the part of the DGFT. 7. In view of the above, we are of the view that this is a fit case where both the penalties can be cancelled and hence we cancelled. Hence, we cancel the levy of penalties." 7. As the facts and circumstances are identical in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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