Home Case Index All Cases Customs Customs + AT Customs - 2011 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 1305 - AT - CustomsMisappropriation of goods - show cause notice dated 22-12-98 was issued on the ground that the export obligation has not been fulfilled and gold procured duty free has not been accounted for and accordingly duty was sought to be demanded from M/s. MMTC, the importer and penalties were sought to be imposed on M/s. MMTC - assessee contested that there is no evidence of the appellant director personally removing the gold and taking gold or gold ornament from the strong room of the NOIDA Processing Zone - Held that:- While there is no direct evidence, substantiating the charge of clandestine removal by the appellant company and involvement of the appellant director in such clandestine removal, their failure to account for duty free gold is clearly established - the appellants dealt with 15 Kgs. of gold which are liable for confiscation, in view of non-fulfilment of export obligation - Considering the entire facts & including the facts that appellant company was a job worker and that the Commissioner has upheld the demand of duty against M/s. MMTC, deem it appropriate to reduce the penalty imposed on the appellant company from Rs. 25 lakhs to Rs. 5 lakh and penalty imposed on the appellant director from Rs. 25 lakh to Rs. 3 lakh.Decided against the assessee
|