TMI Blog2011 (3) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on Shri Vineet Gupta,the partner of M/s. Achiever International, he was instrumental in setting up frond entities and arranging import and clearance of goods using their names and the methods adopted by him were dubious in nature and therefore calls for imposition of penalty - However there is no justification of separate penalty under 112(a) when there is a penalty imposed under section 114AA - Therefore penalty under 112(a) is set aside in full - Considering the entire facts and circumstances of the case, the penalty imposed under114AA on Shri Vineet Gupta, partner is reduced from Rs.30 lakhs to Rs.10 lakhs (Rupees Ten Lakhs only)- The appeal is disposed. - C/16/2010 - C/115/2011(PB) - Dated:- 8-3-2011 - Mr. S.S.Kang, Mr.M.Veerai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ike opening of accounts in the name of M/s. Neeru Trading Co., obtaining IEC code in the name of Neeru Trading Co. and import in the name of M/s. Neeru Trading Co. were done only by Shri Vineet Gupta. The proprietor of M/s. Neeru Trading Co. was subsequently, produced before the DRI officers who confirmed that the entire activity in the name of Neeru Trading Co. were indeed undertaken only by Shri Vineet Gupta. Accordingly, show cause notice was issued to Shri Vineet Gupta, partner of M/s. Achiever International and proprietor of M/s. Neeru Trading Co. They were jointly and severely directed to show cause as to why the imported goods should not confiscated in terms of provisions of session 111(d) read with sections 7 and 11 FTDR Act, 1992 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Importer in relation to any goods at any time between their importation and the time when they are cleared for home consumption includes any owner or any person holding himself out to be the importer. 4.3 He also refers to provisions of 125 of Customs Act which envisages that in the event of confiscation of even the prohibited goods the officers may give to the owner of the goods----- an option to pay in lieu of confiscation, such fine as the said officer think fit. 4.4 He submits that imports made using the IEC code of another importer should not be treated as import of prohibited goods. The violation, if any, is a technical violation. As the import of the goods per se is not prohibited, the option for redemption should be gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, partner of M/s. Achiever is the owner of the imported goods. The show cause notice issued also, on the same ground, seeks Shri Vinnet Gupta and proprietor of M/s. Neeru Trading Co. to jointly and severely show cause as to why the imported goods should not be confiscated and why penalty should not be imposed on them. In other words, show cause notices clearly recognises Shri Vineet Gupta, partner of M/s.Achiever International as the owner of the goods. The quantum of penalty imposed on Shri Vineet Gupta is much higher when compared to penalty imposed on M/s. Neeru Trading Co. which also impliedly taken this fact into account. 6.2 In other words, the goods are liable for confiscation for having imported using IEC code of another import ..... X X X X Extracts X X X X X X X X Extracts X X X X
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