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2017 (9) TMI 596 - CESTAT KOLKATAJurisdiction of Customs Department - Recovery and seizure of Cash currency - Held that: - when the matter is pending before the Enforcement of Directorate (E.D.) and Income Tax Department, then the matter cannot be considered by the Customs Department, as no imported item has been seized/recovered - the Government of India functions on the basis of Business Conduct Rules , where the work has been distributed to various Department - In the instant case, recovery of the money, may be un-accounted money, primarily, is the subject matter of Income Tax Department and certainly, not of the Customs Department as no imported item was recovered during search. It is also the allegation of the Department that another Company known as M/s Kalpena Industries Ltd. had imported plastic granules without paying proper duty, but sold the same in the open market at a higher price with the help of the assessee-company and it is the sale consideration of plastic granules - Held that: - action may be taken against M/s Kalpena Industries Ltd., who had imported the plastic granules. M/s Kalpena Industries Ltd. is an independent legal identity. The assessee company cannot be penalized, especially, when the appellant is engaged in an independent business of Real Estate. There is no justification to detain the cash amount and the same is directed to be released of course, provisionally by the Customs Department as per C.B.E & V Circular No.686/2/2003-CX dated 02.01.2003 as amended from time to time - decided partly in favor of appellant.
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