TMI Blog2006 (11) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... rise out of the order of the Commissioner of Customs (Import), Mumbai, who has confirmed a demand of customs duty of Rs. 9,26,89,304/- in respect of bill of entry dated 22-7-2004 relating to imports through Mumbai Sea Port and Rs. 6,49,640/- in respect of bill of entry dated 26-7-2004 relating to imports through Air Cargo Complex, Sahar, against M/s. Udhe India Ltd. and imposed penalty of equal amount on them, Rs. 50,00,000/- on ICICI Bank Ltd. and Rs. 5,00,000/- and Rs. 4,00,000/- respectively on its General Manager and Manager, and penalty of Rs. 1,00,00,000/- on M/s. Rashtriya Chemicals Fertilizers Ltd. and penalties of Rs. 10,00,000/- each on its Director (Finance) and Chief Manager liaison and penalty of Rs. 4,00,000/- on Shri Rakesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 96 (33 of 1996) : Provided that the importer, at the time of clearance of the goods, produces before the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, having jurisdiction, (i) in case the said goods are - (a) imported by an international organisation listed in the Annexure appended to this notification and intended to be used in a project that has been approved by the Government of India and financed (whether by a loan or a grant) by such an organisation, a certificate from such organisation that the said goods are required for the execution of the said project and that the said project has duly been approved by the Government of India; or (b) imported for use in a project that has been app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, a certificate from the executive head of the Project Implementing Authority and countersigned by the Principal Secretary or the Secretary (Finance), as the case may be, in the concerned State Government or the Union territory, that the said goods are required for the execution of the said project, and that the said project has duly been approved by the Government of India for implementation by the concerned State Government. Explanation. - For the purposes of this notification, - (a) international organisation means an international organisation to which the Central Government has declared, in pursuance of section 3 of the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), that the provisions of the Schedule to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rld Bank, Asian Development Bank or any other international organisation other than those listed in the annexure to the notification, and that the said project has duly been approved by the Government of India, as per the notification. There is no dispute that the imported goods were intended to be used in a project financed by ADB which project was admittedly approved by the Government of India, and there is also no dispute regarding the certificate of the Project Implementation authority, viz. the ICICI Bank. 5. We note that in paragraph 67 of the impugned order, the adjudicating authority has appropriated the penalty imposed on M/s. Udhe India Ltd. and the Finance Director and Chief Manager (Liaison) and RCF from the bank guarantee of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the offence of making imported goods liable to confiscation under Section 111(o) of the Customs Act, 1962 (which has been invoked for the purpose of holding the Bank liable to abetment) particularly when prima facie there is no material on record to conclude that the Bank had knowledge that forged signature of the Joint Secretary of the Government of India would be obtained by RCF so as to hold the Bank guilty of abetment and further when the Ministry of Finance is not the Line Ministry and, therefore, even if the PIAC had been counter-signed by the Joint Secretary in the Ministry of Finance, i.e. even if the signature is genuine and not forged, the benefit under the notification could not have been extended as the certificate was not cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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