9911796707
TMI Blog2019 (7) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... ove set of facts, it is apparent that so far as appellants are concerned, they have discharged their responsibility cast upon them by the law. In this entire course of events, there is hardly any evidence to link the appellants with any activity after the goods were cleared. The law requires the appellant to clear the goods against the valid CT-3 and obtain the duly verified rewarehousing certificate. The appellant have done both and the same has not been challenged. In these circumstances unless specific involvement or knowledge of the appellant is established, no liability can be fixed on the appellants. The impugned order seeks to rely on circular no. 88/98 dated 02.12.1998 to hold that no physical verification of the goods were do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated at Warthi, Bhandara. He pointed out that the Revenue conducted investigation against the said EOU and came to the conclusion that the said EOU was a defunct EOU with no electricity connection and no manufacturing activity was done in the said EOU. He pointed out that they had cleared 41.24 MTs of polyester yarn under several CT-3 during the period 03.05.2004- 19.05.52004 through the transporter namely, M/s Trade Transport Company, Vapi. He pointed out that the Revenue interrogated the transporter and transporter deposed that while the goods were loaded from the premises of M/s Shalu Synthetics, the deliveries were not made to Bhandara but to Surat. He pointed out that the proprietor of the M/s Dimpu Impex, the 100% EOU, Shri Anil Jawah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any stage. He argued that the proof of receipt of goods by the EOU in the shape of AR-3A has been rejected on the ground that no physical verification was done by the jurisdictional officers. He pointed out that the circular no. 851/9/2007-Cx dated 03.05.2007, requires physical verification as it is apparent from the para 3 (e) (f) of the said circular. He pointed out that the reliance was placed in the impugned order on circular 88/98 dated 02/12/1998 and 504/70/99- CX dated 30.12.1999 to state that the re-warehousing certificates 3 E/201-202/2011 issued by range officers on the basis of records maintained and not and without physical verification is misplaced. 2.2 He further argued that the entire payment has been received by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the goods have been diverted to Surat. Revenue has also relied on the statements of the representative of the EOU to assert that no goods were received in the premises of the EOU. In this entire course of events, there is hardly any evidence to link the appellants with any activity after the goods were cleared. The law requires the appellant to clear the goods against the valid CT-3 and obtain the duly verified rewarehousing certificate. The appellant have done both and the same has not been challenged. In these circumstances unless specific involvement or knowledge of the appellant is established, no liability can be fixed on the appellants. 4.1 The impugned order seeks to rely on circular no. 88/98 dated 02.12.1998 to hold th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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