9911796707
TMI Blog2000 (4) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... ks waiver of the condition of pre-deposit under Section 129E of the Customs Act, 1962 in respect of penalty of Rs. 65 lakhs imposed on him by the ld. Commissioner. In S.P. No. 56/99, Shri Ghevan Chand Jain, Proprietor of M/s. Sanghvi Overseas, prays waiver of the condition of pre-deposit of (i) the Customs duty referred to in para 128 of the impugned order; (ii) penalty of Rs. 84,44,603/-; (iii) redemption fine of Rs. 6 lakhs; and (iv) penalty of Rs. 3 lakhs in respect of Bills of Entry Nos. WR-1527, dated 8-5-1997 and WR-876, dated 19-3-1998. 3. The dispute relates to evasion of Customs duty in respect of Butyl Acrylate Monomer (BAM) by misdeclaring the imported goods as Adhesive and under-valuing the same, in order to avail benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods were held liable to confiscation. As regards the goods under seizure (pertaining to Bills of Entry No. WR-1527, dated 8-5-1997 and WR-876, dated 19-3-1998), the same were confiscated and a redemption fine of Rs. 6 lakhs was imposed. A penalty of Rs. 84,44,603/- was imposed on M/s. Sanghvi Overseas besides another penalty of Rs. 3 lakhs with reference to the goods under seizure. 4.2. Commenting on the complicity of the role of Shri Rajendra Kumar Jain in the instant case, the ld. Commissioner has observed as under :- 132. Shri Rajendra Jain, Noticee No. 2 in this case has been found to be the main person behind the subject imports which lead to evasion of huge amount of Customs duty on a very through and painstakingly detailed inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in. and (g) Though Shri Rajendra Jain has claimed himself to be an advisor of the importer, from the reply to the show cause notice submitted by him and also from the submissions made by him during hearing, his eagerness and desperate attempt to swing the balance of the case in favour of the importer is very clear. This indicate his active and financial involvement in the case. I, therefore, hold that Shri Rajendra Jain is liable to penalty under Section 112 (a) and Section 110 (b) of the Customs Act, 1962, for rendering the goods valued at Rs. 2,52,36,267.76 CIF collectively (covered by the Bills of Entry at Sl. Nos. 1 to 14 of the given at Page No. 49 of the show cause notice) liable to confiscation under Section 111(m) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to understand the basic aspects of adhesive which resulted in tendering a wrong opinion. He argues that there is no wilful misdeclaration. He denies any undervaluation of the subject goods. As regards the role of Shri Rajendra Jain, the ld. Advocate submits that Shri Rajendra Jain had merely helped his friend Shri G.C. Jain in clearance of the impugned goods. He contends the subject goods were legally imported and the ld. Commissioner had erred in drawing adverse conclusions against the petitioner-appellants. He, therefore, prayed for unconditional waiver of the pre-deposit of the duties confirmed and penalties imposed. 7. Shri N.C. Roychowdhury, ld. Senior Advocate, accompanied by Shri Prantosh Mukherjee, ld. Advocate, appearing for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, Proprietor of M/s. Sanghvi Overseas shall deposit Rs. 40,00,000/- (Rupees forty lakhs only) out of the amount of short-levy demanded and confirmed in para 128 of the impugned order, within 12 (twelve) weeks from today subject to which payment of the rest of the duty stands waived during pendency of appeal. (b) The seized goods which were confiscated be released to Shri Ghevar Chand Jain; Proprietor of M/s. Sanghvi Overseas subject to payment of the redemption fine of Rs. 6,00,000/- (Rupees six lakhs only), penalty of Rs. 3,00,000/- (Rupees three lakhs only) and Customs duty thereon at the appropriate rate. (c) Unconditional waiver of the pre-deposit of the penalty of Rs. 84,44,603/- (Rupees eighty-four lakhs forty four thousand six h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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