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2005 (3) TMI 500

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..... ates, for the Appellant. Shri K.L. Bablani, JCDR, for the Respondent. [Order per : Krishna Kumar, Member (J)]. - Heard both sides. 2. It is seen that it is a case of import of restricted goods (gold and silver bars) based on forged, cancelled and defaced licenses for clearances of the restricted goods at concessional rate of Customs duty. The appellants appear to have forged special impo .....

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..... ) Shri Sanjay Rai Rs. 5,00,000/- (d) Shri Suresh Chopra Rs. 1,00,000/- (e) Mrs. Vidya Mahadik Rs. 1,00,000/- (f) Shri Prabhuram Purohit Rs. 50,000/- (f) Shri Rajesh Bafna Rs. 50,000/- (h) Shri Ramesh Chandra Rs. 50,000/- 3. Appellants before us are - (a) Hitendra Kumar U. Gadecha, Proprietor of M/s. H. Kumar Gems Inc, Ahmedabad (b) Shrenenik Mehta (c) Vidya Mahadik 4.&em .....

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..... in 1990 (45) E.L.T. 9 (Mad.) Import on licence. Confined to import on a licence lawfully obtained. Another person not entitled to substitute itself as the importer when licence allegedly found forged and goods allegedly liable to confiscation. 3. Surya Prabha Sales Corpn. v. Collector of Customs reported in 1993 (67) E.L.T. 571 (Tri.) Licence obtained fraudulenty. Goods imported become offendi .....

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..... firmed on Shri Hitendra Kumar U. Gadecha, Proprietor of M/s. H. Kumar Gems inc. is to the tune of more than Rs. 8.70 crores (Rupees Eight Crores seventy lakhs only). Since the licences were forged they cannot confer any benefit on the appellant/transferee. We, therefore, consider it reasonable to put the main appellants vis-a-vis the other appellants to some condition of pre-deposit. 6. We, .....

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