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Khalik Chataiwala, Ramesh Khanavkar, Manager Versus CC, Ghaziabad

2015 (10) TMI 2186 - CESTAT NEW DELHI

Duty free goods diverted into domestic market – Appellant showed clearance of duty-free polyester yarn to 100% EOU but said clearance was shown to have been cancelled and after that it was shown that said polyester yarn was cleared duty-free to M/s Marvel Fashions – Investigations revealed that said goods never reached their destination and were diverted – Vide impugned order penalties were imposed upon appellant – Held that:- appellants admitted that there was discrepancy in transport documents .....

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itrary – Appeals dismissed – Decided against appellant. - Appeal No. C/203-204/2010-CU(DB) - F. Order No. 52650-52651/2015 - Dated:- 12-8-2015 - Hon ble Mr. Justice G. Raghuram, President And Hon ble Mr. R.K. Singh, Member (Technical), JJ. For the Appellant : None For the Respondent : Shri Govind Dixit, D. R. ORDER Per R.K. Singh: These appeals are filed against order in original dated 08/12/2009 in terms of which service tax demand of ₹ 33,14,194/- was confirmed under Section 28 (1) read .....

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revealed that the said goods never reached their destination and were diverted. This fact was established from statements of the proprietor of M/s Oriental Enterprises Mr. Khalik Chataiwala, Mr Ramesh Khanavkar Manager of M/s Oriental Enterprises, the proprietor of M/s Ganesh Overseas and the transporter. Thus the duty-free goods were not used for manufacture of export goods and were diverted and therefore the primary adjudicating authority passed the following order: (i) the customs duty amoun .....

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(iii) I impose penalty of ₹ 33,14,194/- (Rs. Thirty three lakh fourteen thousand one hundred ninety four only) on M/s Ganesh Overseas Inc., 135-A, Prakash Industrial Area, Sahibabad, Ghaziabad under Section 114A of Customs Act, 1962 for violating various provisions of Act, ibid. (iv) I impose penalty of ₹ 10,00,000/- (Rs. Ten lakh only) on Shri Bhagwan Tulsian, Proprietor of M/s Ganesh Overseas Inc., 135-A, Prakash Industrial Area, Sahibabad, under Section 112 of the Customs Act, 19 .....

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wo lakh only) on Shri Ramesh Khanavkar, Manager of M/s Ganesh Overseas Inc. 135-A, Prakash Industrial Area, Sahibabad, under Section 112 of Customs Act, 1962 . 3. When the case was taken up for hearing, there was no representation on behalf of the appellants nor was there any request for adjournment. Accordingly we proceed to decide the appeals on merit. 4. In the appeals the appellants have essentially contended that they are not concerned with M/s Ganesh Overseas nor did they clear any goods t .....

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