9911796707
TMI Blog2008 (12) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri R.S. Sarova, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - After hearing both the sides for considerable time, we find that the appellant was a 100% EOU engaged in the processing of fabrics. As they were found involved in evasion case of duties of around Rs. 2.49 crores in respect of fraudulent export to Bangladesh, their licence was suspended by the Dy. Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced by unknown people and they have filed a FIR to that effect with the Police on 16-2-2005. However, on being queried, ld. Advocate fairly admits that the keys of the lock of the godown were with them and the lock was not found to be tampered with on the date of visit of the officers. However, he submits that such shortages were detected by themselves only on 1-2-2005 and intimated to the Superin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an afterthought and as a counter defence. Ld. DR further submits that the investigations on the FIR filed by the Revenue stand concluded by the Police and charge sheet to that effect stands filed in the Court of Law. 5. In view of the above, we do not find a prima facie case in favour of the appellant. The goods having been handed over to the appellant for safe custody, it was their duty to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round Rs. 2.49 crores and even the goods involved in the present appeal also stand cleared by the appellant in the open market. Such clandestine removal would not form part of the statutory records so as to reflect upon the correct financial status of the appellant. By taking all the above factors into consideration, we direct the appellant/applicant to deposit 50% of the duty amount within a peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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