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2015 (10) TMI 1720 - CESTAT AHMEDABAD

2015 (10) TMI 1720 - CESTAT AHMEDABAD - TMI - Duty free goods diverted to local market Imposition of penalty Importer imported Polyester fabrics without payment of duty, for manufacturing finished goods to be exported During investigation, it was found that importer diverted duty free imported material in local market Show cause notice was issued to importer and Appellant By impugned order, adjudicating authority confirmed demand of Customs duty alongwith interest and imposed penalty o .....

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e, quantum of penalty upon him is excessive Regarding imposition of penalty on buyers for purchase of duty free goods from importer illegally without any bills and invoices and payment made in cash, it is clearly evident that buyers had knowledge that goods were not duty paid and imposition of penalty is warranted Therefore, imposition of penalty on appellant-1 confirmed while penalty on other appellants are reduced Appeal disposed of. - Appeal No. : C/416,425-428,431/2007 - ORDER No. A/10 .....

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r manufacturing finished goods to be exported. During investigation, it was found that the importer diverted the duty free imported material in the local market. A show cause notice dated 02.5.2006 was issued to the importer, Shri Ashwin Agarwal, Power of Attorney holder of M/s. Add International, who was master-mind of illegal diversion of duty free imported materials and others. By the impugned order, the adjudicating authority confirmed the demand of Customs duty alongwith interest and impose .....

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the Revenue submits that it appears from the stay order, the importer had not filed any appeal. None appears on behalf of buyers. Shri M.H. Sukheja, learned Advocate appeared on behalf of Shri Surendra Pyarelal Balani (Broker). As the matter is old one and nobody turned-up on behalf of the other appellants and there is no application for adjournment, we proceed to decide the appeals on merits. 4. After hearing both the sides and on perusal of the records, we find that Shri Ashwin Agarwal is the .....

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ted the duty free materials of 92773.5 Meter involving customs duty of ₹ 49,17,526/- alongwith interest and therefore, quantum of penalty of ₹ 30,00,000/- imposed on Shri Ashwin Agarwal the main beneficiary, is justified. 5. Learned Advocate appearing on behalf of Shri Surendra Pyarelal Balani known as Shri Rajubhai Dalal, drew the attention of the Bench to the statement of Shri Surendra Pyarelal Balani. It appears from the record that Shri Surendra Pyarelal Balani acted as a commiss .....

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