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2014 (2) TMI 169

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..... the evaders. It also appears that there was an organized bid to conceal real importers of various goods causing prejudice to the interest of Revenue. We also surprise why the goods are not cleared in Navsheva but brought to Dhannad, Indore for clearance and after clearance the goods are sent to Mumbai for sale - provisional order dated 5.11.2013 shall be kept in abeyance till further order of Tribunal - Decided in favour of Revenue. - Appeal No.C/60274/2013 - MISC ORDER No.59866/2013 - Dated:- 20-11-2013 - Mr. D.N. Panda and Mr. Manmohan Singh, JJ. For the Appellant : Shri Devender Singh, JCDR ORDER PER: D.N.PANDA Ld. JCDR mentioned that Yesterday Revenue filed appeal No.60274/2013 and submitted for early hearing of Stay .....

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..... e interest of the Revenue so also real owner may disappear causing obstruction to investigation. 5. Matter being called in view of urgency stated above, there is no one present for respondent today. Reading page 14,15 16 of the appeal folder throws light that ld.Authority within 12 days took decision hurriedly entertaining an affidavit to order provisional release without seeking any report from DRI or hearing them. Even nature of goods was not examined by him. Ld.Authority himself held by his order on 23.10.2013 that Manjit Suingh is not bonafide owner of the imported goods. He also noted in his order that M/s. KAM Enterprises, M/s. Khyati Traders and M/s.K.M.Traders are non existent. He ordered on 23.10.2013 for no release of goods se .....

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..... ods causing prejudice to the interest of Revenue. We also surprise why the goods are not cleared in Navsheva but brought to Dhannad, Indore for clearance and after clearance the goods are sent to Mumbai for sale. 8. Ld. JCDR highlighted that IEC code mentioned in the bill of entry relates to non-existent parties for which provisional release of the goods shall obstruct process of investigation as well as jeopardise interest of Revenue. 18 parties were non existent and 4 disowned the import. Substantially what is apparent is not real and this matter needs in depth investigation and lifting corporate veil is warranted to bring the offender to the fold of law. 9. In view of aforesaid prima facie observations, we direct that provisional ord .....

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