9911796707
TMI Blog1992 (1) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... hip firm having office at 308, Admaji Building Syed Mukri Street, Bombay 400 009 on the Original Side of this Court by M/s. Kantawala Co., a firm of .attorney. The petition is drawn by Dr. Nitin Kantawala. The petitioners claim that petitioners are a partnership firm and imported sorbitol solution in two consignments. The petitioners claim that the benefit of duty exemption of countervailing/additional duty as per Notification bearing No. 55/75 dated March 1, 1975 was available in respect of duty payable in importing the said consignments. The petitioners then stated that the Customs Authorities charged countervailing/additional duty at the rates as disclosed by the endorsement made on bill of entry, the copy of which was annexed as Exh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not carried farther, then the petitioners would repay the amount. Union of India and Collector of Customs filed the present appeal on August 18,1987 and the appeal was admitted by Division Bench on April 15,1988. Dr. Kantawala appeared on behalf of the respondents, and waived service of appeal. 4. When the appeal was called out for hearing, on behalf of appellants an affidavit dated August 20,1991 sworn by Yudhvir Singh Shaharawat, Assistant Collector of Customs is tendered. The affidavit sets out extensively how it was detected that the fraud has been committed by filing petition in the name of the petitioners with a view to cheat the Customs Department and secure the refund which they were not entitled to. The affidavit sets out that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned judgment dated January 23,1987 passed by the learned Single Judge in Writ Petition No. 173 of 1987 is required to be set aside and writ petition is required to be dismissed. 6. We do not propose to rest by way of allowing appeal as huge fraud has been committed both on the Customs Department and this Court by unscrupulous methods. It is not possible for this Court to ascertain who are the persons responsible and who have participated in the huge fraud committed on the Customs Department and this Court. Therefore, we direct the Commissioner of Police to investigate the matter and launch the prosecution against every person who has been involved in the activities and secured wrongful gain. We request the Commissioner of Police ..... X X X X Extracts X X X X X X X X Extracts X X X X
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