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TMI Blog2005 (3) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... al amount of penalty under Section 114A, duty of Rs. 10,07,258/- from M/s. Devanti Overseas with an equal amount of penalty and imposed a penalty of Rs. 1,50,000/- on one Mr. Nilesh V. Joshi. The last named is the proprietor of the above mentioned firms who imported the offending goods. The Commissioner also confiscated the goods imported by the two firms and imposed appropriate redemption fines. Hence, these appeals. 2. The offending goods are bearings. The above mentioned firms filed Bills of Entry to clear the goods claiming exemption under Notification No. 149/95, dated 19-9-1995 as amended. Investigations by DRI Officers revealed that the advance licence produced for claiming duty free clearance under the above said Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was in no way connected with the imports. 4. The ld. DR, Shri K.K. Srivastava argued that the appellant firms were the importers in the eyes of law and since the firms imported goods which are liable to confiscation under Section 111 of the Customs Act, penalties are imposable; that the importers cannot claim innocence as they have failed to take any precautions before signing the blank papers; that the conduct of the appellant Mr. Nilesh Shah is not that of a normal and prudent man; that only because the fraud is detected the appellant is claiming innocence; that the fact that the appellant disowned the goods has no relevance to the issue of liability to penalty and that the Commissioner has rightly imposed penalties on the firms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the liability of the goods to confiscation under Section 111(m) and (d), we uphold this part of the order of the Commissioner. Demand for duty on the imported goods is confirmed. 7. Appeals of M/s. Ankit International and M/s. Devanti Overseas against penalties allowed. Appeal of Mr. Nilesh Joshi is partly allowed by reducing the penalty to Rs. 75,000/-. Appeal Nos. C/879, 880 & 878/04 : 8. Same facts emerge in these appeals except that M/s. Ankit International did not import any goods, M/s. Devanti Overseas however did. The Commissioner confiscated the bearings sought to be cleared under various Bills of Entry filed by M/s. Devanti Overseas and imposed a fine of Rs. 1,64,000/- and imposed penalties on the two firms and their ..... X X X X Extracts X X X X X X X X Extracts X X X X
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