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2014 (9) TMI 402

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..... February, 2014, had directed the applicant to deposit Rs. 30 crores against duty demand of Rs. 23,84,30,219/- and penalty of Rs. 8 crores, plus interest. We had refrained and had not passed a detailed order on 22nd July, 2014, as notice has been issued and the main contention raised was that waiver of the penalty amount should have been granted. While passing the said order for deposit of Rs. 25 crores, we had taken into consideration, the principal duty demand of Rs. 23.84 crores and the interest, which would have accrued thereon. Interest @ 15% per annum, works to Rs. 3.5 crores per year on Rs. 23.84 cores. Deposit of Rs. 25 crores, in terms of order dated 22nd July, 2014, has not been made and as per the office report, even process fee .....

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..... specifically made to the sample study and examination of bills during the period 01.10.2008 to 08.10.2008 and bill Nos. 94 to 592. The defaults and deficiencies noticed in the said billing stands recorded in paragraph 19.4 of the original adjudication order. The adjudication order refers to alleged sales in the name of one Manish, an Indian national, holder of passport No. A1425369. Upon verification, it was noticed that 47 sale bills had been issued in the name of Manish mentioning departure by different flights and these details have been mentioned in paragraphs 20 to 23 of the adjudication order. This passport number was also used against other names like Pradeep, Jatin, Kawaljit, Tarun, etc. These details find mention in paragraphs 30 .....

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..... s us. In these circumstances, we are not inclined to allow the present review application and the same is dismissed. CUS.A.C. No. 2/2014 Respondent has not been served. We had issued notice subject to the appellant depositing Rs. 25 crores within three weeks. Learned counsel for the appellant states that they are not in a position to deposit Rs. 25 crores due to lack of funds. In the present case, upon detailed investigation, it has been noticed that sales of Rs. 14.83 crores, contrary to law was made from the duty free shops being operated by the appellant at the Indira Gandhi International Airport. The factual aspects have been duly noticed in the impugned order passed by the Tribunal, which is elaborate, lucid and detailed on the said .....

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