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TMI Blog2008 (7) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... or the benefit of petitioner and under the powers conferred by the Statute. The same being just and reasonable and based upon the facts and circumstances of the case, calls for no interference by HC - petition dismissed - 12873 of 2008 - - - Dated:- 24-7-2008 - Satish Kumar Mittal and Augustine George Masih, JJ. S/Shri Ashok Aggarwal, Sr. Advocate with Jagmohan Bansal, Advocate, for the Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e through the pleadings and the impugned order dated 20-6-2008 (Annexure P-6) passed by the Settlement Commission, Mumbai. 3. A perusal of the impugned order shows that the Settlement Commission has taken into consideration all the points raised by the parties concerned and has passed a detailed and comprehensive order. The conclusion drawn by the Settlement Commissioner is reproduced hereunde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty on the 4 TPS licence holders and Shri Minesh Shah are, therefore, called for. The investigations also highlight the role of Minesh Shah, who was the mastermind in this case and his past credentials of having been involved in earlier cases too warrant that no leniency be shown in grant of immunities. In determining the quantum of penalty on Minesh Shah, Bench has also kept in mind that he has a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder not been passed the petitioner would have been liable to pay much higher penalty and would have faced prosecution under the Customs Act as well. The immunity from the prosecution and the reduction in penalty has been granted to the petitioner by the Settlement Commission as per the provisions of Section 127C of the Customs Act, 1962, for the benefit of the petitioner. The Statute has bestowed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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