9911796707
TMI Blog2003 (11) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... n and nickel were imported, concealed in the consignment of Aluminium scrap, from abroad and the quantity was also mis-declared; that the main contention of the importer and others is that mistake was committed at the end of foreign supplier. He, further, submitted that the Commissioner under the impugned Order ordered confiscation of metal and scrap contained in 40 containers valued at Rs. 9.23 crores; that further, the Commissioner has ordered confiscation of metals valued at Rs. 5.5 crores (including the value of trucks) seized from godowns; that the Commissioner has allowed redemption of the confiscated goods on payment of redemption fine of Rs. 4 crores and Rs. 2.5 crores respectively; that the total duty involved is Rs. 2,32,74,486/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deputed as gunman with Shri Harish Kumar and has nothing to do with any business nor he is involved or has any role in any affairs of the Appellant Company; that Shri Balwan Sharma (penalty Rs. One lakh) is not an income-tax payee and is having a small amount in his saving Bank account which meets day-to-day requirement; that V.K. Khanna (penalty of Rs. 25,000) was working as a import manager and is facing financial hardship as no salary and allowance had been disbursed to him since 1-11-2000 as there is no working in the Suren International Ltd. Similar pleas have been made in case of J.R. Sharma, on whom the penalty of Rs. 25,000/- has been imposed. The learned Senior Counsel has also mentioned that a penalty of Rs. 25,000/- has also been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue. The learned Senior Counsel for the Revenue also referred to the Order No. A-67/Cus./2002-SC, dated 16-7-2002 wherein the Settlement Commission has given a specific finding that the applicants including M/s. Suren International Ltd., the Applicants, have failed to make true and full bona fide disclosure; that the Settlement Commission has, therefore, not allowed their applicants to be proceeded with under sub-section (1) of Section 127(C) of the Customs Act and rejected all the applications. In respect of Harish Kumar, he contended that he has not enclosed any Income-tax return along with his Memorandum of Appeal or Affidavit and, therefore, he cannot plead financial hardship; that Mrs. Renu Mahant is a Director in Suren Internationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pre-deposit of entire amount. However, taking into consideration the financial hardship mentioned by him, in his Affidavit we direct him to deposit Rs. 5 lakhs by 31-1-2004. On complying with this direction, there shall be waiver of pre-deposit of remaining amount of penalty by him and the recovery of the same will remain stayed during the pendency of the Appeal. As far as the other Applicants are concerned, we stay the recovery of the entire amount of penalty from all of them considering the fact that they were working either as Manager/Accountant/Police Constable and Doctor who has only allowed the storage of documents in his farm house. The matter will come up for reporting compliance by Shri Harish Kumar on 6-2-2004. X X X X Extracts X X X X X X X X Extracts X X X X
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