TMI Blog2023 (5) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... to the impugned order in this petition. However, given the manner in which the penalty has been computed and the financial condition of the petitioner, we consider it apposite to direct the Tribunal to consider the petitioner s appeal without any pre-deposit. It is clarified that this Court has not expressed any opinion on the merits of the impugned order and the Tribunal shall consider the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 112 of the Customs Act, 1962 (hereafter Customs Act ) and ₹110,58,00,000/- (Rupees one hundred and ten crores fifty eight lacs) under Section 112(b)(i) of the Customs Act was imposed on the petitioner. 2. The proceedings against the petitioner were premised on a seizure of 8000 grams of gold bars, having a market value of ₹2,38,80,000, which were recovered from the possession of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has levied a penalty equivalent to the same amount, on the finding that the same were proceeds of smuggling. 5. The petitioner stoutly disputes that any recovery (either gold or cash) was made from its premises or that he was involved in any nefarious activities by the persons from whom such recovery was made. 6. Mr. Billimoria, learned senior counsel appearing for the petitioner submits tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank Balance as on 31.03.2022 Amount as on today 1 Current Account No. 000000330393309899 Haryana Jewellers State Bank of India 1,06,878.54 35,404.54 2 Current Account No.113205501155 Haryana Jewell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner, we consider it apposite to direct the Tribunal to consider the petitioner s appeal without any pre-deposit. 10. It is clarified that this Court has not expressed any opinion on the merits of the impugned order and the Tribunal shall consider the petitioner s appeal on merits uninfluenced by any observations made in this order. 11. The petition is disposed of in the aforesaid terms. Al ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
