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2019 (1) TMI 734 - HC - CustomsRelease of goods - undervaluation - second respondent has disowned the entire transaction - Held that:- Indeed, there is more than what meets the eye in this transaction. It reflects how a statutory scheme is exploited or abused. The second respondent holds the I-E code, but admittedly its Proprietor knows nothing about either import or export. He seems to be a name lender. And that name lending is with his actual knowledge, at that. He admits that earlier too there had been transactions - The Ext.P3 show cause notice records that the Proprietor of the second respondent has agreed that the goods were sent in his name with his consent and they are meant for the third respondent. Nevertheless, faced with the detention and the allegation of undervaluation, only before this Court has he disowned the transaction. Indeed, it is a matter the Department must probe into. Pending adjudication of the proceedings under the Ext.P3, the second respondent will get the goods released, without any liability attached to it, and hand them over to the third respondent.
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