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TMI Blog2013 (10) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... s being managed by his close relataive, Shri Surinder Singh. The said exporting firms have already been received the drawback amount and as such, cannot plead any financial difficulty. As such, we deem it fit to direct the exporting firms to deposit 50% of the drawback availed by them as a condition of hearing their appeals - Any deposit made by any exporting firms during the course of investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng firms were engaged in the export of readymade garments under drawback and duty entitlement pass book schemes. All the firms were being controlled by Shri Pritpal Singh who made export of readymade garments under DEPB scheme to Russia. The said drawback was sanctioned and was given to the said firms. 3. Subsequent proceedings conducted by the Revenue revealed that the exports were made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rting firms. Further penalty on Shri Rajinder Singh and Shri Davinder Kumar who had supplied the fabrics to exporting firms was imposed to the extent of Rs.2 lakh each on the ground that they had not supplied any fabric to the said exporting firms but had issued only invoices. 4. After hearing both sides duly represented by Shri Prem Ranjan, ld.Advocate and Shri R.K.Verma, ld.DR, we find that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh on his own expenses and he was the one who opened the firm in Russia with another associate Gogi and sold the goods for less consideration in Russian Market. 5. At this interim stage, we are of the view that balance of convenience lies in favour of the Revenue. Shri Pritpal Singh is proprietor of exporting firms and has already been granted drawback benefit. There is enough evidence on record ..... X X X X Extracts X X X X X X X X Extracts X X X X
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