Judgment :

Dr. Mukundakam Sharma, J.

1. The present Civil Appeal is filed by the appellant under Section 130E of the Customs Act, 1962. The appeal is directed against the impugned judgment and order dated 8.3.2006 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (hereinafter `the Tribunal whereby and whereunder the adjudication order dated

31.12.2003 passed by the Commissioner of Customs (Adjudication), Mumbai was upheld and whereby the Tribunal dismissed both the appeals preferred by the appellants holding that the appellant was fully aware and was made known about the materials placed before the authority and he had full opportunity to deal with the documents submitted by the witness. The Tribunal upheld and confirmed the reasoning and the conclusions of the Commissioner for passing the order dated 31.12.2003. By the aforesaid order passed by the Tribunal, a fine of Rs. 5 lacs in lieu of confiscation of the goods and penalty of Rs. 10 lacs was imposed on the appellant firm, and also a penalty of Rs. 5 lacs imposed on Ratanlal under the provision of Section 112(a) of the Customs Act imposed by the Commissioner of Customs (Adjudication) was upheld.

2.2. Th