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TMI Blog2004 (3) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... i K.K. Srivastava, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. The brief facts are that M/s. Nova Petrochemicals Co. Ltd. had exported five consignments stated to be of 100% Polyester printed fabrics vide shipping Bills dated 23-5-94 under the DEEC Scheme, as per the provisions of which the exempted materials required for manufacture of export product are permi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed the DEEC Scheme by resorting to fraudulent documentation of exports (by showing that the goods exported were 100% Polyester printed fabrics made out of grey powerloom cloth) so as to obtain entitlement of duty free imports of Polyester Filament Yarn and other raw materials to which they were not entitled. The investigation also revealed that the transport company through whom grey fabrics said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to confiscation and since they were not available of confiscation, imposed penalty of Rs. 5 lakhs under Section 114 of the Customs Act, 1962, and imposed penalty of Rs. 2 lakhs each on M/s. Nova Petrochemicals Ltd. and M/s. Shanti Processors Pvt. Ltd. under Section 114 of the Customs Act, 1962 and also imposed personal penalty of Rs. 2,50,000/- on Shri Jyoti P. Agarwal Director of M/s. Nova P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edabad) that goods were transported under cover of Lorry Receipts. The Commissioner has rejected this defence on the ground that the transport company did not produce any original records and on the ground that Manubhai Patel failed to reveal the names of the person who took the delivery of the goods transported. We also note that payments for the grey fabrics were made through a broker Shri Dataj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the goods exported were not fabrics made out of 100% Polyester Filament Yarn. The overwhelming evidence on record establishes that goods exported were fabrics made out of 100% Polyester Filament yarn, therefore the finding of the Commissioner that the export goods were liable to confiscation and appellants liable to penalty, is clearly unsustainable. Accordingly we set aside the impugned orders ..... X X X X Extracts X X X X X X X X Extracts X X X X
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