((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 56 OF 2007 The Commissioner of Customs ... Appellant Versus Shri. Deepak R.Mehta ... Respondent Mr. R. Asokan with Mr.S.D. Bhosale for Appellant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED: SEPTEMBER 27, 2007 DATED: SEPTEMBER 27, 2007 DATED: SEPTEMBER 27, 2007 P.C.: P.C.: P.C.: . We have perused the impugned order. We find that the penalty has been confirmed. On the finding of facts, the learned authority in its discretion has reduced the amount of penalty which was within jurisdiction. . Considering the above, the question as framed would not arise. Hence, appeal dismissed. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)