1999 (1) TMI 141

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..... roprietor. Application has been filed for waiver of this amount as well. 2. The appellants are holders of Advance Licence, and imported certain goods and in fulfilment of the export obligations they exported certain goods. The export documents, it is alleged, have been forged by the Proprietor of one Amol Shipping Agency by name Ashok Baburao Pokharkar, the Appellant in Appeal No. C/830/98 along with Test Reports, replacement of samples, preparation of forged copies of Bills of Lading without any exports taking place, preparation of forged Shipping Bills without actual export manipulation of invoices, blank SASMIRA test report forms and rubber stamps etc. It is stated that the statement of Balachandra Jadhav, an employee of Amol Shipp .....

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..... epartment wrote a letter that they would have a hearing on 23rd October,1997. Again on 22nd October, 1997, Appellants wanted the documents. On 14-1-1998 the department wrote a letter fixing hearing on 19-1-1998. On 18-1-1998 the Consultant wrote a letter requesting for adjournment as he has to appear at Bangalore. On 20th January, 1998, Assistant Collector of Customs, Preventive wrote a letter that 30th July, 1997 and 21st August, 1997 informing that the department had permitted the appellants to take copies of Annexures also to inspect Supdt. CIU, M & P Wing of Customs. It was specifically stated that opportunities have been given but it was not availed of. Further letter was written on 4th February, 1998 informing the appellants that copi .....

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..... difficulties of the appellants. On such payment being made there will be waiver of payment of remaining sum of duty and penalty demanded under the impugned order and stay the recovery thereof. 6. As far as the application filed by Ashok Pokharkar is concerned Shri S.M. Kantawala, ld. Counsel mainly pleads financial inability. The statements given by the appellants as well as the employee clearly show prima facie appellant is guilty of violations of charges levelled against them. We, therefore, order the appellants to pay Rs. 10 lakhs out of Rs. 50 lakhs demanded. On such payment being made within 2 months from today there will be waiver of payment remaining sum of penalty demanded and stay its recovery.
Case laws, Decisions, Jud .....

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