COMMISSIONER OF CUSTOMS (EXPORTS) Vs. BANSAL INDUSTRIES

JUDGEMENT

(1.) This is an appeal preferred by the Revenue against the judgment and order, dated 22-3-2007 passed by the Customs, Excise and Service Tax Appellate Tribunal (in short, 'the Tribunal') [2007 (217) E.L.T. 375 (Tri.-Chennai.)].

(2.) The appeal was admitted on 10-10-2013, when, the following questions of law were framed for consideration by this Court :

(3.) The learned counsel for the Revenue at the very outset, states that he does not wish to press question No. 2 pertaining to penalty, in view of the fact that the penalty imposed is below the monetary limit fixed in Circular : 390/Misc./163/2010-JC(8-2011), dated 17 Aug., 2011. The record shows that the Adjudicating Authority had imposed a penalty in the sum of Rs. 5 lakhs, which the Tribunal reduced to Rs. 1 lakh. Insofar as the second question of law is concerned, there appears to be an error which has crept in the question of law. Accordingly, the counsels agree that the question of law needs to be reframed. It is ordered accordingly. The reframed question of law shall read as follows :