9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 264 - SC - CustomsAllegation of illegal export - export of ready made garments after fulfilling all the legal requirements - entire remittance from exports received by the respondents - whether remittances by way of Hawala was carried on by the assessee and whether the assessee was engaged in illegal exports? - CESTAT held assessee to be genuine and no Hawala transactions involved - Held that - the entire material placed before CESTAT has been discussed and on that basis, a finding of fact is arrived at to the extent that the allegations of flow back of the remittances by way of Hawala could not be proved by the Department. It is further recorded by the CESTAT that the invoices etc. which were raised of particular amounts were duly checked by the Department at the time when the exports were being made. However, the entire amount as reflected in the said invoices was received by the respondents - in the absence of any evidence to show that the money was remitted by way of Hawala, the case of over-invoicing could not be established by the Department - no infirmity in the order of CESTAT - appeal dismissed - decided in favor of assessee.
Issues:
1. Alleged fraudulent exports of low-quality garments for undue benefits. 2. Imposition of penalty based on intelligence received by the Directorate of Revenue Intelligence. 3. Challenge to the judgment of Customs Excise & Service Tax Appellate Tribunal (CESTAT). 4. Finding of fact regarding flow back of remittances and over-invoicing. 5. Absence of evidence supporting over-invoicing allegations. Analysis: 1. The Supreme Court addressed the issue of alleged fraudulent exports of low-quality garments by the respondents to claim undue export benefits. The Directorate of Revenue Intelligence received intelligence suggesting fraudulent activities, leading to investigations and the issuance of a show cause notice to the respondents. The respondents appealed to the CESTAT, which subsequently quashed the penalties imposed. The Supreme Court examined the evidence and found that the Department failed to prove the allegations of flow back of remittances through Hawala. The invoices raised by the respondents were verified during exports, and the entire amount reflected in the invoices was received by the respondents. 2. The imposition of penalties based on the intelligence received by the Directorate of Revenue Intelligence was a crucial aspect of the case. The CESTAT's judgment highlighted that the Department could not establish the remittance of money through Hawala, indicating a lack of evidence supporting the case of over-invoicing. The Supreme Court, after reviewing the material placed before the CESTAT, concurred with the finding that the Department failed to prove the allegations of over-invoicing and fraudulent activities. As a result, the Supreme Court dismissed the appeals, upholding the decision of the CESTAT. 3. The challenge to the judgment of the CESTAT was a central issue in the case. The Supreme Court meticulously analyzed the CESTAT's decision, emphasizing that the finding of fact regarding the absence of evidence supporting over-invoicing was well-founded. The Court noted that the CESTAT thoroughly examined the material and concluded that the Department did not substantiate the allegations of fraudulent exports. The Supreme Court affirmed the CESTAT's ruling, stating that no question of law arose for consideration, as the finding was based on factual determinations. 4. The Supreme Court's detailed analysis focused on the absence of evidence to support the Department's claims of over-invoicing. The Court reiterated that the Department failed to establish the case of over-invoicing and fraudulent exports, as the remittances were found to be in compliance with legal requirements. By emphasizing the lack of evidence linking the exports to fraudulent activities, the Supreme Court upheld the CESTAT's decision, highlighting that the finding was a pure question of fact and not a legal issue for further consideration. 5. In conclusion, the Supreme Court dismissed the appeals, affirming the CESTAT's decision in favor of the respondents engaged in the export of ready-made garments. The Court's judgment underscored the importance of factual findings and the burden of proof in cases involving allegations of fraudulent activities, emphasizing the need for substantial evidence to substantiate claims of wrongdoing.
|
