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TMI Blog2017 (11) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... ured in the name of M/s Adarsh were illicitly removed into the domestic market. He also outlined the modus operandi employed for such diversion and named the persons who had helped them in this nefarious activity. Certain portion of the illegally diverted materials were seized from various premises of the buyers which confirmed the fact of diversion of the duty free raw material. The investigation established that Sh. Mohammed Anwar had fabricated the clearance documents to show fake deemed exports to other units- viz. M/s G N Rubber Tech and M/s Konark fashion - the diversion of raw materials was established - demand upheld. Penalties imposed on various persons - Held that: - Since their active participation in the evasion of duty stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Illegally diverted goods which were seized from various premises of M/s Adarsh where ordered for confiscation with an option to redeem the same on payment of redemption fine. The duty involved thereon was also ordered to be paid. c. Penalties were also imposed on various persons who had abetted M/s Adarsh in carrying out the illegal diversion of goods procured duty free. 3. In the present set of appeals, only the following five persons have challenged the penalties imposed on them. No other appeals are before us in respect of any of the other persons involved in the present case: a. Penalty of ₹ 40,00,000 on Ms, G.N.Rubbertech Pvt b. Penalty of ₹ 25,00,000 on Shri Parmesh Goyal @ Babloo Goyal c. Penalty o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ket. He also outlined the modus operandi employed for such diversion and named the persons who had helped them in this nefarious activity. Certain portion of the illegally diverted materials were seized from various premises of the buyers which confirmed the fact of diversion of the duty free raw material. The investigation established that Sh. Mohammed Anwar had fabricated the clearance documents to show fake deemed exports to other units- viz. M/s G N Rubber Tech and M/s Konark fashion. These facts were admitted by Sh. Mohammed Anwar and the same was also corroborated and confirmed in the statements of the buyers. Finally the adjudicating authority held that the diversion of raw materials was established and proceeded to demand duty due o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 96. Shri Amit Arjundas Agarwal, the close associate of Shri Parmesh Goyal, helped Shri Parmesh Goyal in the diversion of 5723.66 kg of POY/PYT, valued at ₹ 5,32,740/- which were seized at M/s Kailash Texturising Unit-II. Mota Borasara, Mangrol, Surat under panchnama dated 08/09.11.2004 which were procured by M/s Adarsh Industries under duty exemption against CT3s for utilizing them in the manufacture of final products meant for export. Shri Amit Arjundas Agarwal has admitted in his various voluntary statements dated 25.01.2005 11.04.2005, that he had arranged for the sale of illicitly removed yarn procured from Shri Parmesh Goyal. This fact was corroborated by the various voluntary statements of Shri Vineet Tayal, partner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It had no capability for undertaking any manufacture but showed fictitious procurement of goods form M/s Adarsh thereby facilitating and abetting the illicit removal of goods by them. Sh. Puneet Rugta has admitted in his statements that he was associated with Sh. Mohammed Anwar in legitimizing the financial transactions between M/s Adarsh and M/s G N Rubber. He also facilitated the fake sales of raw materials shown in the books of M/s GN rubber. Sh. Munish Sharma is also a close associate of Sh. Puneet Rugta. He has admitted to signing the fraudulent sale contracts on behalf of M/s GN Rubber with M/s Adarsh. Since their active participation in the evasion of duty stands established, we find no reason to interfere with the penalties imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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