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TMI Blog2004 (11) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... is a penalty of Rs. 2,00,000/- on Ms. Merenla Tzudy, Assistant Designer. There is also a penalty of Rs. 1,00,000/- on Shri Jivraj Rathi of M/s. Finesse Prints for having purchased the Silk Yarn imported duty free under DEEC scheme by M/s. ACPL, the appellant Company. The duty has been confirmed in the matter but it is not stated on whom the same would be recovered. The duty confirmed is on the imported fabric printing machine, imported under EPCG scheme by the appellants availing concessional rate of duty. However, the said machine was found to have been sold to one M/s. Finesse Prints, Bangalore. The same has been granted redemption on payment of fine of Rs. 2,00,000/-. The purchaser, M/s. Finesse Prints, Bangalore have been imposed with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommitted or rebutted Ajay Pal in selling the silk yarn and, therefore, imposition of penalty of Rs. 2,00,000/- on her is totally unjustified. He has not admitted about the role nor there was any inculcatory statement of Ajay Pal involving her in the matter. He pointed out that the Commissioner also wrongly come to a conclusion that Ms. Merenla Tzudy had admitted in her statements that she had only stated about the raw silk yarn sold by the company in open market. She had not admitted any of her roles in procuring the apparatus for sale or playing any role in the sale, but had only mentioned about the sale done by the company in which she has no role. Therefore, she prayed for setting aside the penalties in the matter. The learned Counsel su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the imported machinery to M/s. Finesse Prints. JDGFT had rejected their request and, therefore, the appellants had sold the machinery under invoice No. MC/0401 dated 21-04-1998 for a sum of Rs. 26,76,406/- in violation of the conditions laid down in para 5.4 of Chapter 5 of Handbook of Procedures 1997-2002 which prohibits the transfer, sale or otherwise of disposal of the imported goods within a period of 5 years from the date of import, except with the prior permission of DGFT. Ajay Pal also in his statement clearly admitted about the sale of the imported mulberry silk yarn in the open market to M/s. Digvijay Silk Traders. The same was also seized and confiscated. Therefore, on merits, the appellants do not have a case. The appellants co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are of the considered opinion that penalty of Rs. 5,00,000/- imposed on the appellant company is required to be reduced to Rs. 2,00,000/-. The penalty on the Managing Director Ajay Pal is also required to be reduced to Rs. 1,00,000/-. In so far as the penalty on Ms. Merenla Tzudy, Assistant Designer in the appellant company is concerned, we find from the statement that she has mentioned about the raw silk being sold by the company against the provisions of law but she has not admitted that she has connived with Ajay Pal in the sale and defended from the said sale and played any role in the violation of law. She has only mentioned about the sale done by Ajay Pal. Her statements corroborate the offences committed by Ajay Pal and penalty on Aj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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