RUCHIKA INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS, PUNE

JUDGEMENT

(1.) This appeal is directed against an order of the Customs, Excise and Service Tax Appellate Tribunal on an application for waiver of pre-deposit under Section 129E of the Customs Act, 1962. The Commissioner, after adjudicating upon a notice to show cause, ordered : (i) The imposition of a penalty of Rs. 3.50 crores on the First Appellant under Section 114; (ii) A personal penalty of Rs. 2 crores on V.K. Agarwal, an active partner of the partnership firm and penalties in the like amount on two other partners, who were held to be major beneficiaries of fraudulent exports; and (iii) A penalty on two officers of Customs, namely, the Assistant Commissioner and Superintendent.

(2.) This appeal is by the firm and by its partner, V.K. Agarwal.

(3.) The appeal is admitted on the following substantial questions of law :