Per M. Veeraiyan : After hearing both sides for some time on stay petitions, we felt that the appeal itself could be decided finally, and accordingly we waive pre-deposit of the dues as per the order-in-original and proceed to dispose of the appeal.

2. The relevant facts, in brief, are as follows:-

(i) The appellant company M/s. Munjal Showa Ltd. imported consignments through ICD Ballabgarh using transfer release advices (TRA) issued by Mumbai Customs House.

(ii) The Customs authorities, Ballabgarh initiated verification with the Mumbai Customs authorities and came to know that the DEPB licences based on which TRAs were issued by them were not genuine and the results of this verification were communicated to the appellant company and thereupon the appellant company paid the duty amounting to Rs. 1,29,43,927/- on 12th August, 2003.

(iii) Show cause notice dated 3rd October, 2006 was issued proposing confirmation of the duty paid as above and proposing penalty on the company, on Shri K. Chakravorty, Senior Divisional Manager (Commercial) and Shri Kanwaljeet Singh, Junior Officer (Commercial) of the appellant company.

(iv) Commissioner vide his order dated 17.10.2007 confirmed the dut