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2017 (9) TMI 758 - CESTAT NEW DELHIImport of wire less transmitting/receiving apparatus, satellite communication equipment etc against forged import licenses - confiscation - penalty - Held that: - The goods imported by the appellants require an import licence from WPC Cell of DoT. The licence produced by them and on whose basis the goods were cleared, have been found to be forged and fraudulent. Even though M/s Aricent & M/s Hughes have no role to play in forging of the WPC licences, the fact remains that goods were imported without proper import licence which becomes a contravention of Section 111 - It stands established as per the investigation carried-out by DRI that WPC import licences required for import of certain telecom equipments were fabricated and forged by ASL in their offices. It is seen that S/Sh. Ashok Gupta, Jarnail Singh Chaudhary, Sanjay Sachdeva and Ms Anuradha Diwan have played their part in fabricating WPC licences which were handed-over and used for import of equipments. The various individuals have also admitted their role in the fraud in their respective statements. The penalty imposed on (1) M/s Aricent Holdings Ltd (2) M/s Hughes Communication India Ltd and (3) M/s Hughes Network Systems India Ltd upheld - The penalties imposed on various functionaries of ASL are fully justified and are upheld - appeal dismissed - decided against appellant.
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