ORDER
Gowri Shankar (T), Member
1. The three applications are for waiver of deposit, by each of the applicants, of a penalty of Rs 2.00 lakhs imposed under Section 112 of the Act.
2. We have heard both sides.
3. The Commissioner had imposed penalties on these three applicants, who are partners of a trading firm, on his finding that various consumer goods valued around Rs 10.00 lakhs seized from the firm was smuggled without payment of duty. The facts are debatable. The contention that the goods were freely importable and had been purchased from passengers who cleared them on payment of appropriate duty has to be considered. Taking note of the contention that at the relevant time Deepak B Shah was a sleeping partner, we waive deposit of the penalty imposed upon him and stay its recovery. At this stage, we consider it appropriate to ask to deposit Rs 50,000/- within a month from to day by each of the other two applicants towards penalties. On compliance being reported on 1.6.2001 we waive deposit of the remaining amount of penalties and stay their recovery.