TMI Blog2011 (5) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant : Shri Sanjay Agarwal, Advocate with Shri Satish Pandey, Advocate Appeared for Respondent : Shri Sonal Bajaj, SDR Per Mathew John: In this proceeding, three stay applications in three different appeals were filed filed by (1) Shri. Bharat Jamnadas Jagda proprietor of M/s Omkar Jewellers (ii) Mukesh Mahesh Kumar Kothari, Protrietor of M/s Orbit Gold and (iii) Shri Mahesh Kumar Mool Chand Kothari who was supposedly taking part in the impugned business of Shri Bharat Jamnadas Jagda. The three appeals arise from a common adjudication order, namely C. No. VIII (HQ)ACE/ADJ/21/ 2010 dated 28-01-2011 issued by Commissioner of Customs, Air Cargo (Exports), New Custom House, New Delhi. 2. This proceeding relates to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the reasonable belief that such money was the sale proceeds of smuggled gold. 6. So the Appellants, among others including M/s Omkar Jewellers and M/s Orbit Gold were issued with a SCN asking them why the seized gold and gold jewellery allegedly smuggled in contravention of Para 4A.21 of the Foreign Trade Policy 2004-09, Para 4A.34 of Hand Book of Procedures for Import and Export (Volume 1), Rule 27 and 28 of the Special Economic Zone Rules 2006 read with section 111(a), 111(b), 111(d), 111(f), 111(i), 111(j) and 111(o) of Customs Act,1962 should not be confiscated. There was also a proposal to confiscate the seized Indian currency under section 121 of the Customs Act and imposition of penalties under different sections of the Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. Further, the Counsel for Appellants submit that the following amounts are already pre-deposited by the Appellants :- (a) Bharat Jagda:Duty+Penalty (25% of Duty + Interest) =66,27,699 (Prop: Omkar Jewellers + Further pre-deposit=16,75,000 Total =83,02,699 (b)Mukesh Kothari:Duty+Penalty(25% of Duty+Interest = 4,89,544 (Prop: Orbit Gold) + Further Pre-deposit = 3,25,000 Total = 8,14,544 (c)Mukesh Kothari: Admittedly deposited during =1,00,00,000 investigations (As per para 30 of the impugned order) 11. The Ld. DR on the other hand argues that a very lenient order has been passed in the case of M/s Omkar Jewellers and Orbit Gold and similar order for the present Appellants also will lead to a situation where delaying tac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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