2017 (6) TMI 1239

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..... main contention of the appellant is that they have no knowledge of the alleged offence - Held that:- It is noted that the appellant CHA was aware of the High Seas Sale to M/s. Magpie, but, the entire transaction was made by M/s. JVL. Even the payment was received from M/s. JVL. The appellant had not refuted such charge. Hence, the plea of good faith cannot be accepted. A person cannot claim the .....

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..... who claimed the concessional rate of duty under Notification No. 36/96 as actual user condition. After clearance of the goods it was found that M/s. JVL used the name of M/s. Magpic Overseas Co., a fictitious firm to avail the concessional rate of duty. Subsequently, M/s. JVL and some other co-noticees settled the matter before the ld. Settlement Commission on payment of duty alongwith interest .....

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..... ey were not aware of the fictitious firm. On perusal of the impugned order, it is noted that the appellant CHA was aware of the High Seas Sale to M/s. Magpie, but, the entire transaction was made by M/s. JVL. Even the payment was received from M/s. JVL. The appellant had not refuted such charge. Hence, the plea of good faith cannot be accepted. Good faith is an intangible and abstract quality of m .....

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