2013 (2) TMI 864 - AT - Customs

Summary

Issues Involved:
1. Contravention of Notification No 43/2002-Customs and Exim Policy 2002-2007.
2. Role of individuals in the conspiracy.
3. Involvement of transporters.
4. Issuance of show-cause notice and proposed penalties.
5. Absconding and subsequent statements of key individuals.
6. Financing of imports.
7. Arrest and retraction of statements.
8. Evidence and statements of co-accused.
9. Cross-examination and principles of natural justice.
10. Retraction of statements and their evidentiary value.
11. Role of accomplices and their statements.

Summary:

1. Contravention of Notification No 43/2002-Customs and Exim Policy 2002-2007:
Investigations revealed that M/s. Lord Empire International imported copper wire rods and zinc ingots under the DEEC scheme using fake documents. The firm contravened Notification No 43/2002-Customs and paragraph 4.1.1. of the Exim Policy 2002-2007, leading to goods being liable for confiscation u/s 111(o) of the Customs Act, 1962.

2. Role of Individuals in the Conspiracy:
Shri Surender Aggarwal, Shri Bhagwan Tulsian, and Shri Suresh Khandelwal orchestrated the fraud. Shri Bhimsen Bhagwat Singh, a CHA, knowingly aided in the clearance of goods. The transporters, Shri Gulbir Singh Anand and Shri Naresh Dhanji Bhanushali, also aided in the fraudulent transactions.

3. Involvement of Transporters:
The goods were transported from Nhava Sheva port to New Delhi by Shri Gulbir Singh Anand and Shri Naresh Dhanji Bhanushali, who aided in the fraudulent transactions.

4. Issuance of Show-Cause Notice and Proposed Penalties:
A show-cause notice dated October 3, 2007, was issued for recovery of Rs. 3,22,73,333.30 and confiscation of goods valued at Rs. 6,35,30,165. Penalties were proposed on M/s. Lord Empire International, Shri Surender Aggarwal, Shri Bhagwan Tulsian, Shri Suresh Khandelwal, Shri Bhimsen Bhagwat Singh, Shri Naresh Dhanji Bhanushali, and Shri Gulbir Singh Anand.

5. Absconding and Subsequent Statements of Key Individuals:
Shri Bhagwan Tulsian, Surender Kumar Aggarwal, and Shri Suresh Khandelwal were absconding initially. Their statements were recorded later, revealing the involvement of financiers like Shri Sajjan Kumar Goel.

6. Financing of Imports:
Shri Sajjan Kumar Goel financed the imports and shared the duty saved with the importers. His involvement was confirmed by multiple statements, including his own.

7. Arrest and Retraction of Statements:
Shri Sajjan Kumar Goel and Shri Bhagwan Tulsian were arrested and later granted bail. Shri Goel retracted his statements, claiming coercion, which was rebutted by the DRI.

8. Evidence and Statements of Co-Accused:
Statements from various individuals, including Shri Bhagwan Tulsian, Shri Suresh Khandelwal, and Shri Bhimsen Bhagwat Singh, corroborated the involvement of Shri Sajjan Kumar Goel in the fraudulent imports.

9. Cross-Examination and Principles of Natural Justice:
The appellants argued that denial of cross-examination violated natural justice. However, the Tribunal held that there was no absolute right to cross-examination and the denial did not cause prejudice.

10. Retraction of Statements and Their Evidentiary Value:
The Tribunal held that retracted statements could still be relied upon if corroborated by other evidence. The statements given under section 108 of the Customs Act were considered voluntary and admissible.

11. Role of Accomplices and Their Statements:
The Tribunal found that the statements of co-accused could be relied upon to establish the involvement of the appellants in the fraudulent transactions. The evidence against the appellants was corroborated by multiple statements and documentary evidence.

Conclusion:
The Tribunal directed the appellants to make pre-deposits towards penalties within eight weeks and report compliance. The balance of penalties would be waived and recovery stayed during the pendency of the appeals.