Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Shri Sitaram Goyal Versus Commissioner of Customs, Ahmedabad

2015 (10) TMI 2388 - CESTAT AHMEDABAD

Penalty under Section 112 of Customs Act, 1962 - Polyester yarn imported - Goods seized under Section 123 - Appellant contends that goods were purchased from open market and believed to be duty paid and since he is neither a Central Excise assessee n .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

warranted - Held That:- Role of appellant is limited to buying the seized goods from Shri Jitendra Shah, Broker without invoices, taking a lenient view penalty imposed upon appellant reduced from ₹ One lakh to ₹ 25,000/- Decided in favour .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r : Mr. P. M. Saleem The appellant herein is Director of M/s. Goyal Knit Fab Pvt. Limited, Surat upon whom a penalty of ₹ 2 Lakh was imposed under Section 112 of the Customs Act, 1962 by the Original Adjudicating Authority. On an appeal by the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Appeals) had observed that the goods imported viz., polyester yarn seized from the appellant was notified under Section 123 of the Act, whereas it is factually incorrect and the same is not specified in the Notification No. 31/86-Cus dated 05.02.1986 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is neither a Central Excise assessee nor a registered dealer and he was not required to maintain documents prescribed under Central Excise and Customs. He relied upon the decisions of the Tribunal in the case of Digital Systems vs. Commissioner of C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nue submits that the appellant had purchased the goods from Shri Jitendra Shah, a Broker. He further submits that the goods were imported availing the duty benefit under Export Promotion Scheme and therefore, the goods had escaped the customs duty li .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e, penalty imposed on the appellant is warranted. He relied upon the decision of this Bench of the Hon ble Tribunal in the case of Alpha Synthetics & Ors vs. CCE, Surat [Order No. A/10732-10735/2015 dated 13.05.2015], and in the case of Shailja P .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

goods from Shri Jitendra Shah, Broker without invoices/ documents. There is no allegation that the appellant connived with Shri Jitendra Shah in positive evasion of Customs duty. However, it is a case of readiness of the appellant to buy such goods w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version