9911796707
TMI Blog2017 (12) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... 80 packets (each packet containing 50 pcs) of Pashmina Shawls, totalling 4000 Pcs, valued at Rs. 1 Crore were recovered. The recovered shawls were confirmed to be Pashmina shawls of Chinese origin by the local Trade Associations and Traders. At the time of interception of the truck, there were three persons occupying the truck, namely, driver of the truck Shri Chhewang Tamong, resident of Kathmandu, Nepal, Shri Bajirman Dong Tamong resident of Kathmandu, Nepal and Shri Dawa Tamong resident of Kathmandu, Nepal. During the course of inspection, the driver Mr. Chhewang Tamong had escaped. Under interrogation Shri Bajir Man Dong Tamong disclosed himself as the owner of the recovered Pashmina Shawls and Shri Dawa Tamong disclosed himself as the cleaner/helper of the truck. On demand both of them could not produce any legal document in support of the proper importation of the recovered Pashmina Shawls from Nepal into India. Shri Bajir Man Dong Tamong confirmed that the same were of Chinese origin and were being transported to Delhi to deliver it to one Shri Sanjay Sethia S/o Bhoom Singh Sethia, Lajpat Nagar, New Delhi-24. Visiting Card of Shri Sanjay Sethia was recovered from Shri Bajir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted that he was having a shop in China Town Shopping Centre, Kathmandu and he stored Chinese goods as well as the goods of other countries in his shop. That he did not know the owner of the truck but he knew the driver Shri Chhewang Tamong and that he had visited China, regarding his own business. Further, on being asked about Shri Chewan he admitted that he knew him very well and his telephone number is present in the telephone diary seized by the Customs Officers. That he was also dealing in items like shoes, shirts, etc. from China apart from Pashmina Shawls. That he made payment at Khasa border in Nepalese Currency. That Khasa border, situated in China is 80Kms from Kathmandu. 4. Statement was recorded from Shri Sanjay Sethia before the Customs officers at Delhi. It appeared that he was involved in business of Pashmina Shawls from Nepal into India. He also admitted that he had placed a verbal order for supply of 5000 pieces of Pashmina Shawls to Shri Chewang which were to be delivered at his address at Lajpat Nagar-New Delhi. He admitted that he was running three companies in the name of M/s Amar Traders, M/s Oswal Textile Agencies & M/s Satyanarayan, Lajpat Nagar, New De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith Mr. Sanjay Sethia for last 2 years and he was owner of the firms. 5. The three samples drawn at the time of seizure by the officers of Customs, Barhni from the recovered shawls and Trade opinion obtained from M/s Pravin concern, Krishna Nagar, Nepal and from Secretary of Udyog Vanijya Vyapar Sangh, Krishna Nagar, Nepal, who vide their letters dated 08th January, 2004 confirmed the same to be Pashmina shawls of Chinese origin. The Texture and quality of Pashmina shawls was also got tested from the Textile Testing Laboratory of Central Silk Board, Ministry of Textiles, Government of India, namely Central Silk Technological Research Institute, Varanasi and the contents of the shawls was confirmed as 90% to 95% fine wool vide the report dated 26/03/2004. The said research Institute in its another report dated 21st June, 2004 confirmed the seized shawls to be Pashmina shawls and the cost of the shawls was stated to be in the range of Rs. 1200/- to 2500/- per shawl. 6. It appeared that the Pashmina shawls in question was imported into India contrary to prohibitions imposed under the Customs Act and were liable to confiscation. Thus, it appeared that the shawls valued at Rs. 1,00,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing cash security of Rs. 1 lakh and on execution of Bond equal to the value of the seized goods and the same were delivered to the appellant on 18th January, 2005. 9. In his further reply to show cause dated 18th June, 2007 filed through his Advocate, it was submitted that Smt. Rajani Bafna is the aunt of Shri Sanjay Sethia and mainly a housewife and not looking after the day-to-day affairs of M/s Oswal Textiles Agencies, New Delhi. The recovery of shawls and other items from her business premises are licitly imported and duty paid goods which had been provisionally released on payment of cash security and execution of bond. There is no evidence on record that her firms M/s Oswal Textile Agencies had purchased any goods from Shri Bajirman Dong Tamang by executing a power of attorney in favour of Shri Sanjay Sethia, she had entrusted all the work of firm on him and the submissions made by him may be read for and on behalf of M/s Oswal Textile Agencies, New Delhi. Further, it was urged that the allegations against Sanjay Sethia are only presumptive having no evidentiary value, so as to fasten him in the case of alleged smuggling, as regards the goods recovered from Bajirman Tomang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue have not brought any evidence against this appellant save and except the allegation that the visiting card of the appellant was found in possession of Shri Bajirman Tomang owner of the goods being pashmina shawls. The only case made out is that Mr. Sanjay Sethia had met the appellant few months back along with one Mr. Chewang of Nepal. Further, in the follow-up search conducted in the premises of the appellant at New Delhi, almost all the goods found and seized, were found properly explained. Being legally imported and were released to him. Under these facts and circumstances, he prays for setting aside the order of confiscation and also the penalty imposed under Section 112 of the Customs Act, 1962. 12. The learned A.R. for revenue has relied on the impugned order. 13. Having considered the rival contentions, I find that so far this appellant is concerned, the allegations in the show cause notice are only presumptive. There is no evidence on record by which this appellant can be linked with the seized Pashmina shawls at Barhni LCS. Further, so far the goods found in the business premises of the appellant at New Delhi, it is found that almost all the goods were fou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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