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TMI Blog2019 (9) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : Mr.T.Pramod Kumar Chopda Senior Standing Counsel JUDGMENT Dr.VINEET KOTHARI, J. The present Appeal has been filed by the Assessee, M/s.Leo Fasteners against the order of CESTAT dated 24.3.2017, by which the learned Tribunal dismissed the Appeal of the Assessee under which the Assessee had challenged the imposition of penalty under Section 112(a) of the Customs Act, 1962 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preciate his understanding, the said para is reproduced:- "The subject bill of entry was presented for assessment alongwith invoice No.TY80700068 dated 12.7.08, packing list and mill certificate No.08071204 dated 12.7.2008 issued by the foreign supplier M/s.Tycoons World Wide Group (Thailand) Public Co. Ltd. Thailand. The referred invoice and packing list also have confirmed the description of g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,75,000/- imposed was, by any means, unreasonable or excessive when value to the extent is considered to be Rs. 57,34,140/- for which duty was levied. Therefore, redemption fine remains untouched and that is upheld. 7. So far as imposition of penalty is concerned, misdeclaration follows the consequence of illegitimacy. Therefore, the penalty imposed also remains untouched and that is upheld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s imposed, which has been upheld by the learned Tribunal. He further submitted that the Assessee had no mens rea in this regard and therefore, the imposition of penalty and redemption fine deserve to be set aside. 4. Per contra, the learned Senior Standing Counsel for the Revenue, Mr.Pramod Kumar Chopda supported the impugned order of the learned Tribunal. 5. Having heard the learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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