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TMI Blog2018 (8) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... osed on Praveen Kumar Jain are set aside giving the benefit of doubt. So far National Steel and its proprietor Shri Shreyansh Jain is concerned, from the appreciation of facts on record, it appears that they were not knowing that their IEC code was being used for import of restricted goods. However they have violated the law by allowing the use of their IEC code by others scrupulous persons. Accordingly the penalty imposed is reduced to ₹ 5 Lacs. So far Praveen Bansal is concerned, he is the kingpin in the whole illicit import of R-22 gas. For making super profit, he has practically arranged all the things required. However under the facts and circumstances, the penalty of ₹ 10 lakhs under Section 112 (a) (b) and further p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for concealment of 1350 cylinders of refrigerating 22 gas, which were not declared. Refrigerating 22 gas is restricted/prohibited for import, in terms of import licensing note of Chapter 29 in ITCHS classification of export and import items, 2009 14 issued by the office of DGFT, read with provisions of the ozone-depleting substances (regulation and control) Rules 2000 of Ministry of Environment and Forest. The consignment was seized on 30 March, 2012 as the same appeared to be liable for confiscation. 3. In investigation, Shri Shreyansh Jain, Proprietor of National Steel stated that he had rented out his IEC to Praveen Bansal for consideration, who further forwarded the same to Praveen Kumar Jain and Sanjay Jain and they illegall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er MT to Shri. Shreyansh Jain. He had also booked the tickets for Mr PK Jain and Sanjay Jain through his company Sapna tour and travel to visit Dubai for shipment and unloading of containers. 5. Shri. Sanjay Jain have admitted in his statement that he and Praveen Kumar Jain met with Praveen Bansal, a friend of Sanjay Jain who was dealing with scrap. They discussed with Praveen Bansal regarding import of refrigerating gas R 22, and requested him to provide an IEC code of some firm, for the said purpose. Praveen Bansal became partner in the venture and he was ready to also invest money with Praveen Kumar Jain in the import of prohibited R-22 gas. Praveen Bansal gave Sanjay Jain the responsibility of sale of refrigerating gas, to be imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment was made by them. The said cylinders were handed over to Mr. Khalid proprietor of Al Punjab Metal Trading for loading in containers, behind iron scrap/HMS. Mr. Khalid got loaded the R-22 gas cylinders in the containers behind the iron scrap so as to conceal the illicit gas. Thereafter both Praveen Kumar Jain and Sanjay Jain returned to India on 24 February, 2012. Further Mr. Sanjay Jain got deposited amount of ₹ 02 lakhs as cash in the bank account of N.K. Trading Company in Delhi and got Cheque No. 350940 dated 23 March, 2012, of ₹ 3.25 lakhs of N.K Trading Company in the name of National Steels, for payment of Customs duty and other clearance charges. Sanjay Jain and Praveen Jain also got sent FDS bond to Praveen Bans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Customs Act. However, option to redeem the scrap was given on payment of redemption fine of ₹ 4,00,000/-. Further, penalties were imposed as follows: - Sl. No. Name of the party U/S 112(a)/b U/S 114 AA 1. M/s.National Steels (Shri Shreyansh Jain, Proprietor) Rs.40,00,000/- 2. Shri Praveen Kumar Jain Rs.10,00,000/- Rs.10,00,000/- 3. Shri Sanjay Jain Rs.10,00,000/- Rs.10,00,000/- 4. Shri Praveen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued by the supplier/shipper, M/s. Al Punjab Metal Trading LLC, Sharjah-UAE. 13. Further, the complicity of Sanjay Jain is also there as he approached Praveen Kumar Jain and also Praveen Bansal. He is the person, who took along Praveen Kumar Jain with him to Dubai, and made the survey and again went before shipping and collected the gas cylinders from 3 to 4 places and made the payment for the same and thereafter handed over the R- 22 gas cylinders to the shipper Al Punjab metal trading LLC. 14. Further, it was Praveen Bansal, who paid for the airfare for sending Sanjay Jain and Praveen Kumar Jain to Dubai. 15. So far Praveen Kumar Jain is concerned, it appears that he accompanied Sanjay Jain to Dubai for making survey and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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