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TMI Blog2017 (11) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... r: Dr. D.N. Panda None present for the appellant despite notice has gone. 2. Record reveals that a Focus License No.1310041285 was obtained from DGFT under fraud submitting fabricated and bogus shipping bill, which were never submitted to Nhava Sheva Customs, Mumbai to occasion export of goods nor also any Bank Realization Certificate (BRC) was ever issued by UCO Bank, Ghaziabad. The license so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Customs (Preventive) Vs. Aafloat Textiles (I) Pvt. Ltd - 2009-TIOL-42-SC-CUS that a person who makes use of an instrument obtained under fraud should be aware that it carries risk with it following the doctrine of Caveat Emptor. Present case being a case of fraud against Revenue, the order passed by the learned Commissioner (Appeals) does not require any intervention. 5. To deter use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secretary, Department of Revenue, Ministry of Finance, Government of India and Chairman of CBE&C for the needful. 6. It appears from the order appealed that a racket was operating to forge document and cause jeopardy to the interest of the economy as may be appreciated from para 2 to 4 of adjudication order, which reads as under: - "2. An information/intelligence was received in the Lucknow Zona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Rapid Overseas, (IEC No.0508044413), and M/s Krish International, (IEC No.0507057333), M/s ZAF Enterprises (IEC 0503072818) were found to be non-existent on physical verification as well as the summons sent on their addresses/branches returned undelivered by the postal authorities with the remarks "firm not traceable; no such firm; addressee not available". M/s Excellent Impex (IEC 0503039721) c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s issued by the respective DGFT licensing authorities." 7. On the above circumstances, if the Board considers it proper, such cases may be referred to Special Investigation Team (SIT - Black Money) for further investigation, so that Hawala Operators masquerading their identity shall be brought to the fold of economic offence and face trial. 8. In result, the appeal is dismissed. (Dictated and p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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