Per P.S. Bajaj : The above captioned appeals have been directed by the appellants against the impugned orders-in-original vide which the Commissioner of Customs as adjudicating authority has imposed penalties on them as detailed therein, under Section 112 of the Customs Act.

2. I have heard both the sides. From the record, it is evident that appellants filed certain Bills of Entry for import of in all 22 CD ROMs declaring as Multimedia Application Software, on CD ROMs from California and Singapore, and claimed benefit under S.No. 173 of Notification No. 11/97 dated 1.4.97, which exempted completely computer software from payment of duty. On examination, it revealed that the goods had been over-invoiced, with intent to drain out for more foreign exchange, from the country, and on that account, penalties had been imposed on the appellant-company, M/s. Padmini Polymers (in short, PPL) as well as on its Chairman and the Directors as detailed in the impugned order. But in my view, the impugned order of the Ld. Commissioner, cannot be sustained. It is quite clear from the record that immediately, after the examination of the goods, the appellants, informed the suppliers that the good