9911796707
TMI Blog2006 (1) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... ay 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 Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d goods and opening several bank accounts in the names of various fictitious firms, etc., the learned Sr. Counsel points out that there is no clear evidence to prove the allegations except the statements recorded on duress. He submits that the order is not a speaking order. The contention of the appellants 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by him is a well taken ground. In the light of this plea, the pre-deposit of penalty imposed on all the appellants is waived and recovery stayed till the disposal of the appeals. In so far as the amount of drawback to the tune of Rs. 38,71,248/- confirmed by the Commissioner on re-determination of 11 shipping 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... msp; - Rs. 5,00,000/- (d) Shri Rajesh Kumar Jain - Rs. 5,00,000/- (e) Shri Manga Reddy - Rs. 1,00,000/- The allegation leveled by the Revenue and the arguments raised by the learned Sr. Counsel are the same as in the first case. In the light of the order recorded in the afore stated case, the main appellant, Shri Rajnish Agarwal, Proprietor 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been recorded above. Following ratio of the above order, the main appellant, Shri Rajnish Aggarwal, Proprietor of M/s. Vishnu Merchants is directed to pre-deposit the amount of Rs. 67,92,233/- (Rupees Sixty seven lakhs ninety two thousands two hundred thirty three 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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