TMI Blog2018 (4) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... d that appellants have purchased the licence from the market for import of the goods being the vigilant buyer and penalty not warranted. As the facts and circumstances are identical in the instant case and, more particularly, the license is common for both the consignments imported by them, the assessee - Appellants are entitled to get the relief on the principle of equity before the law. Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter to the Tribunal with a direction to decide the appeal on merit. 3. In view of the above scenario, with the consent of both sides, we proceed to decide the appeal on merit. 4. The brief facts of the case are that, the assessee - Appellants have imported a consignment and cleared the same on payment of duty by debiting transferrable script issued under Focus Product Scheme authoriz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in the instant case, import license was purchased by the appellant from the market which was issued by the DGFT and the same was registered with the Customs authorities. Payment was made through the banking channel. Thus, the appellant was vigilant as per the maxim EX ALUN DANTI CAUTELA. 6. It appears from the case laws cited above that the penalty can be waived in the case where bonafide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particularly , the license is common for both the consignments imported by them, we are of the view that the assessee - Appellants are entitled to get the relief on the principle of equity before the law. Therefore, we, b y following our earlier order (supra), set aside the impugned order and drop the penalty imposed on the assessee - Appellants. Accordingly, the impugned order is set aside. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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