TMI Blog2020 (2) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has resulted in favourable order at the hands of the competent authority under the Foreign Trade Development and Regulation Act, 1992, those facts and circumstances of the case deserve to be taken into account by the competent authority viz., Commissioner of Customs under the provisions of the Customs Act, 1962. The Commissioner of Customs to decide the issue of imposition of fine and penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort, 12 machines were found to have been installed and 318 machines were found in the premises of the appellant by the investigation team. Balance 254 machines could not be found by them in the course of investigation. Ld.Authority imposed duty of ₹ 6,50,283/- on the lot of machines not installed and not found. So also the Authority imposed redemption fine of ₹ 20,00,000/- and penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant Assessee submitted that in the present case, parallel penalty proceedings were initiated by D.G.F.T. also and upon consideration of the facts, where the Assessee paid the due customs duty on account of the alleged sale of 254 sewing machines out of the imported lot of 554 machines, the D.G.F.T. authorities have reduced the penalty in question from ₹ 32,00,000/- to ₹ 10,000/-. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and circumstances of the case, we are of the view that since two parallel proceedings were drawn against the Assessee on similar set of facts and one with the D.G.F.T., Department has resulted in favourable order at the hands of the competent authority under the Foreign Trade Development and Regulation Act, 1992, those facts and circumstances of the case deserve to be taken into account by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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