TMI Blog2019 (4) TMI 1276X X X X Extracts X X X X X X X X Extracts X X X X ..... om records that M/s. Libas India has entered into a Purchase Contract worth ₹ 1,31,58,400/- with M/s. G.N.Rubbertech Pvt. Ltd. on 07.11.2003. Records show date-wise purchase of goods from EOU and date-wise payment made through banking channels. The DRI investigations established the role played by M/s. Libas India in facilitating and abetting the evasion of customs duty by M/s. G.N.Rubber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be kept pending endlessly, the same is taken up for decision. 2. Acting on intelligence, the Directorate of Revenue Intelligence intercepted one vehicle on 28.12.2004 containing 22 cartons of imported silk fabrics of Chinese origin. In the follow-up action, another 21 cardboard cartons of silk fabrics of Chinese origin in original packing condition as well as nine bundles of po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Overseas Trading during the period December, 2003 to December, 2004. 3. After completion of the investigations, show cause notice dated 02.07.2007 was issued by DRI to M/s. G.N.Rubbertech Pvt. Ltd, as well as various connected parties including M/s. Libas India, Kolkata. The adjudication of the case resulted in the issue of the impugned order in which customs duty of ₹ 14.51 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning 3% commission. It is claimed that the goods came to M/s. Libas India under Central Excise Seal and subsequently moved straight to the port of export in their name. 6. A careful consideration of the record of the present case reveals that M/s. Libas India has played a significant role in abetting and facilitating the gross evasion of customs duty by misuse of EOU Scheme by M/s. G. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hant exporter. 7. The DRI investigations established the role played by M/s. Libas India in facilitating and abetting the evasion of customs duty by M/s. G.N.Rubbertech Pvt. Ltd. 8. In view of the above, we find that the appellant has been rightly been penalised by the adjudicating authority. In the result, we find no reason to interfere with the impugned order which is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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