TMI Blog2011 (3) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... d 15.1.09 - Thus, merely to consider the limited issue as to whether there was justification for extending the period prescribed for issue of show cause notice. We uphold the decision to extend the time limit. - C/208/2009-Cus - Final Order No. C/124/2011(PB) - Dated:- 17-3-2011 - Mr. S.S.Kang, Mr. M.Veeraiyan, JJ. Present for the Appellant: Shri T.R.Rastogi,, Advocate Present for the Respondent: Shri Sonal Bajaj, DR PER: M.VEERAIYAN This is an appeal against the order of the Commissioner dt.13.1.09 by which the period for issue of show cause notice was extended by six months in terms of provisions of Section 110 (2) of Customs Act, 1962 made applicable to central excise matters vide notification no.68/63-CE dt. 4.5.63. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of the seven computers or one pen drive or two floppies seized from the possession of the seven different persons from the residence at 43/1, Rajpura Road, Civil Lines, Delhi on 16.7.08 belonged to them. It was also submitted that Shri Subhash Chand Gupta, Shri Vipul Gupta,Shri Amit Gupta and Shri Shobhit Gupta were not connected with their company. The commissioner after hearing the representative of the appellant on 12.1.09 passed the impugned order dt.13.1.09 extending the time by six months. 4. Learned Advocate assailed the order of the commissioner on various grounds the important of which are as follows: (a) the seized currency did not belong to the appellant company. The currency has been seized from the residential premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riginal period of six months, the order deserved to be set aside. 5. Ld.SDR defended the order of the Commissioner. He submits that searches were made in pursuance of intelligence about concealment of incriminating documents as well as sale proceeds of contraband goods in the residential premises of persons associated with the appellant company. At the time of search on 16.7.08, the eldest member of the joint family and others pleaded ignorance about the source of cash available in the residence. The officers, in the light of the intelligence received by them, entertained a reasonable belief that the currency was sales proceeds of clandestinely removed goods and effected the seizure. The representatives of the appellant company were not c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of currency were matters for investigation. Both sides agree that the investigation has since been completed and show cause notice issued inter alia proposing confiscation of impugned currency, has since been issued. 6.3 The decision of the Supreme Court relied upon by the appellant relates to a case where the seized goods were claimed by a person and no show cause notice having been issued to the persons from whose possession the goods have been seized before the expiry of original period of six months. In the present case, the Commissioner has merely extended the period for issue show cause as provided under section 110 (2). 6.4 It is to be noted that while the appellant company submitted that the currency did not belong to them, None ..... X X X X Extracts X X X X X X X X Extracts X X X X
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