9911796707
TMI Blog2006 (1) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... Sanjay Aggarwal, Proprietor of M/s. Rama Enterprises. The Commissioner has re-determined the value of 11 Shipping Bills declared to be FOB value at Rs. 2,46,92,504/- to Rs. 4,88,359/-. Shri Sanjay Agarwal, Proprietor of M/s. Rama Enterprises by virtue of over valuation of export goods, namely garments had enjoyed drawback benefit of Rs. 38,71,243/-. Therefore the Commissioner has ordered recovery of the said amount from Shri Sanjay Agarwal under Section 75 of the Customs Act, 1962 read with Rule 16 of Customs and Central Excise Duty Drawback Rules, 1995 read with Section 76(1)(b) of the Customs Act, 1962. He has also ordered for recovery of interest on the amount of drawback wrongly claimed. He has imposed penalties on the parties under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants has not been considered and hence the adjudicating authority has violated the principles of Natural Justice . He submits that the exports were done during February 1999 and the proceedings were initiated after one year and nine months, hence the demand is barred by time. He contends that the penalty is not leviable as the profit is very marginal and the Income Tax Returns clearly disclose that the appellants have no amount to deposit. He submits that in view of the grounds taken in the appeal memo, the main appellant, Shri Sanjay Agarwal should be given full waiver of pre-deposit of the alleged drawback amount said to have been taken by him and the penalty imposed on him and others. 4. The learned Consultant appearing for the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g bills is concerned; the Commissioner has clearly noted in paragraphs 28 to 35 of the order that the evidence summarized by him in his order clearly established the fact that the noticee had grossly overstated the value of the export goods. This is borne out on the basis of false payments made to the non-existent local suppliers of the goods and low import values declared at the port of import. The Commissioner has clearly recorded that the noticee had not controverted the evidence placed on record. In view of the appellants having admitted and come out clean in the matter without any rebuttal, the Bench has no other option left except to direct the main appellant, Shri Sanjay Agarwal, Proprietor of M/s. Rama Enterprises to pre-deposit the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or of M/s. Tanisq Bros. is directed to pre-deposit the amount of Rs. 59,21,765/- (Rupees Fifty nine lakh twenty one thousand seven hundred sixty five only) within a period of three months and on such deposit the penalties imposed on him and other appellants are waived and recovery stayed till the disposal of the appeals. It is also made clear that in case the main appellant, Shri Rajnish Aggarwal fails to pre-deposit the said amount within the stipulated period, the appeals shall be liable for dismissal in terms of Section 129E of the Customs Act. Call on to report compliance on 7th April 2006. Subject to compliance of this order, the matter to come up for final hearing on 7th June 2006. C/St/122-123/2005, C/200-201/2005 : 7. These ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compliance on 7th April 2006. Subject to compliance of this order, the matter to come up for final hearing on 7th June 2006. C/St/124-125/2005, C/202-203/2005 : 8. These two stay applications arise from the Order-in-Original No. 5/2005, dated .2-2005 by which the Commissioner has ordered recovery of DEPB credit to the tune of Rs. 3,09,98,788/- from Shri Sanjay Agarwal, Proprietor of M/s Ram Enterprises under Section 28(1) of the Customs Act, 1962 and imposed penalties under Section 114(i) of the Act in the following manner :- (a) Shri Sanjay Aggarwal - Rs. 50,00,000/- (b) Shri Rajnish Aggarwal - Rs. 50,00,000/- (c) Shri Naresh Jain - Rs. 40,00,000/- (d) Shri Rajesh Kumar Jain - Rs. 40,00,000/- (e) Shri Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
