9911796707
TMI Blog2006 (1) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... mar, Counsel is not present despite notice. 3. The material facts leading to the passing of the impugned order (under which both the appellants have been penalised) are that during May 1998, 3 ready-made garment consignments were exported from Ludhiana. One M/s. Indeep Implex, Ludhiana was the exporter and M/s. Pooja Travels and Cargo Services, Ludhiana was the Custom House Agent in regard to the consignments. The consignments were declared at a total value of about Rs. 2.3 crores. The exporter was paid a drawback amount of about Rs. 40 lakhs towards these consignments. 4. Subsequently, one of the consignments was auctioned at the Port of the import Dubai for a paltry amount of Rs. 60,000/- (1% of the export value). This was because the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther parties, since those issues are not relevant to the present appeals. 7. Contention of the learned counsel for Shri Rajesh Sharma is that there is no documentary evidence whatsoever to link Shri Sharma to the export documents and banking transactions or receipt of the drawback cheque amounts or their encashment. It is the submission of the learned counsel that a penalty of Rs. 12 lakhs has been imposed on Shri Rajesh Sharma only on the uncorroborated testimony of co-accused. Learned counsel also points out that since Rs. 10 lakhs drawback amount has been returned by the exporting firm, it is to be held that exporting firm was the beneficiary of the drawback amounts and not Shri Rajesh Sharma himself. 8. We have heard the learned SDR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it is on evidence that despite the filing of GR forms with the export consignments these papers were never filed with the bank for receiving payments. 9. Clearly, fraud has been deliberately committed and State deprived of about Rs. 40 lakhs. A close consideration of the evidence on record brings out that appellant Shri Rajesh Sharma was the one to arrange to the export goods, purchasers abroad and to arrange remittances. While statements have been recorded from many persons, no other person has come up as the one arranging these vital parts of the fraudulent transactions. The statement of Shri Krishan Kumar in particular, who dealt with the goods is to the fact that export consignments and documents were arranged by Shri Rajesh Shar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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