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TMI Blog2002 (1) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : K.K. Bhatia, Member (T)]. The Officers of Central Excise Commissionerate, Indore on 3-4-89 intercepted a Maruti Car No. CIF-1529. The car was occupied by Shri Ram Kumar Agarwal. One cloth bag was recovered from the car which was found to contain 52 foreign marked gold biscuits of 24 carats purity valued at Rs. 18,20,000/-. The gold biscuits and the car were seized. A statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the payment was yet to be made afterwards. He further stated that he had himself delivered the gold biscuits to Shri Rakesh Jain on 3-4-89 and he had received the gold biscuits; that his son Mukesh Jain, phoned Shri Ram Kumar Agarwal (Telephone No. 63130) and asked him to take the delivery of 52 gold biscuits. Subsequently Shri Mukesh Kumar Jain informed that the gold was duly delivered to Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f delay. Since the appeals under the Customs Act, 1962 have been filed in time, we condone the delay in respect of the appeals filed by the appellants under the Gold (Control) Act, 1968. The matter today is listed for hearing the stay petitions filed by the appellants. 3. We have heard Shri Gopal Prasad, ld. Advocate for the appellants and Shri Atul Saxena, ld. JDR, for the respondents. The ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved that the Hon ble Supreme Court in CC v. Television Components Limited - 2000 (116) E.L.T. 412 (S.C.) have observed that, The penalty was a composite one in the sense that it was imposed both on account of violation of the Import Control Order and because of mis-declaration of value and evasion of Customs duty It is not possible to apportion the quantum of penalty between the contraventio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... implicated both Shri Mukesh Kumar Jain, Shri Dhanya Kumar Jain. Shri Dhanya Kumar Jain himself has stated that he had given the gold biscuits to his son Shri Mukesh Kumar Jain. The facts of the case can be gone in details only at the time of final hearing of the case. In the present, it would be suffice to say that the appellants have not made out a prima facie case in their favour. We, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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