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2015 (2) TMI 1003 - AT - CustomsPre-deposit of penalty - Import of the capital goods by 100% EOUs, free of duty - Company floated with malafide intention;short span of the lease period - Held that:- The company itself was floated with a malafide intention, which is clear from the fact that the premises were rented only for a period of 8-9 months. The short span of the lease period for a company which is to be run as a call centre, is itself indicative of the fact that there was no intention to conduct the business of running a call centre for a longer period. All the three Directors including the appellant and the NRI Director joined hands for duty free imports, which were to be cleared subsequently to the domestic market. We also note that the evidence procured on record by the Revenue reveals the fact that the company was closed and the premises were vacated in May 2006 itself and the subsequent resigning of the present Director in May, 2006 and leaving India in July, 2006 i.e. subsequent to the completion of the fraud was by a malafide design. In view of the above, we find that appellant has no prima facie case. Decided against the appellant.
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