2000 (5) TMI 417

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....ith imposition of penalties of Rs. 5 lakhs each on its two Directors Shri Santh Kr. Jhunjhunwala and Lalit Kr. Jhunjhunwala. Apart from above penalties have also been imposed upon the other connected persons. 2. After hearing Shri Samir Chakraborty, ld. Adv., Shri P.K. Das, ld. adv. and Shri A. Biswas, ld. Adv. for the appellants, we find that the impugned order has been passed by the Commissioner without taking into consideration the detailed reply filed by the appellants. As such after dispensing with the conditions of pre-deposit we take up the main appeals itself. 3. The appellants made an application on 10-6-1993 to the Joint Director General of Foreign Trade, Calcutta for issuance of duty free value based advanced licence.....

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....ulfilment of export obligations. They also asked for the cross-examination of the supporting manufacturers whose statements were relied upon by the Revenue. Such cross-examination was denied by the Commissioner. 5. Vide his impugned order, Commissioner observed that the appellants have violated the provisions of Notification No. 203/92 by diverting the material for home consumption and has also given a finding that such disposal/diversion was made prior to the fulfilment of export obligation. 6. Dr. Samir Chakraborty, ld. adv. appearing for the applicant M/s. RNJ Exports draws our attention to Circular No. 4/93, dated 4-3-1993 issued by the Directorate General of Foreign Trade which is to the effect that the actual user conditio....