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TMI Blog2017 (3) TMI 1586X X X X Extracts X X X X X X X X Extracts X X X X ..... otice or in the impugned order. Just a presumption cannot take the place of corroborative evidence - when there is no evidence put forth to support the allegations made against M/s. Seatrans Freight Agencies Pvt. Ltd. and Shri K.V. Srinivasan, their Joint Managing Director, the impugned order will not sustain - penalty set aside - appeal allowed - decided in favor of appellant. - C/41776-41777/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of origin in the import documents as Taiwan and port of lading as Manila, Philippines to avoid payment of Anti-dumping Duty (ADD). The SCN proposed imposition of ADD on the said importer. In addition, an allegation was made against the appellants herein, as that they had actively colluded with the importer for switching of the documents and misdeclaring thereon of country of origin and port of lad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that they are only the Chennai counterpart for M/s. Risetech Containers Lines Ltd., who in turn are one of the sub-agents for the carriers. He further submits that no question of collusion with the importer and they only issued delivery order based on the house bill of lading issued by M/s. Risetech Containers Lines Ltd. They have no role in the switching of bill of lading and penalty imposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 6.2 However, no further investigation was conducted or evidences collected to establish the linkage between the appellant and the entire modus operandi adopted by both Indian importer and the Chinese exporter. 6.3 Even in para 16 of the SCN a reply of M/s. Risetech Containers Lines Ltd. Hong Kong to M/s. Seatrans Freight Agencies Pvt. Ltd., has been referred to, wherein the former has cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llusion of the freight forwarders/steamer agent cannot take the place of corroborative evidence. 7. In the circumstances, when there is no evidence put forth to support the allegations made against M/s. Seatrans Freight Agencies Pvt. Ltd. and Shri K.V. Srinivasan, their Joint Managing Director, the impugned order will not sustain and hence will have to be set aside. Both the appeals are theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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