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 →

M/s. Sri Sairam Exports, M/s. J.M. Fashions & M/s. Sindhu Textiles Versus The Registrar, CESTAT Chennai & The Commissioner of Customs

Waiver of pre deposit - Denial of duty drawback claim - Imposition of penalty - Held that:- Though substantially the Tribunal has directed only 1/3rd or 1/4th of the penalty amount to be deposited as a pre-condition for entertaining the appeals and though in normal circumstances, we would not interfere with such an order, the cases on hand falls under a different category. The appeals filed by the appellants are pending from 2007 before the Tribunal. A period of eight years have gone. Therefore, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Dated:- 1-10-2015 - Mr. V.Ramasubramanian And Mr. T.Mathivanan, JJ For the Petitioner : Mr.S.P.Harikrishnan For the Respondents : Mr.A.P.Srinivas,Sr.Standing counsel JUDGMENT V.RAMASUBRAMANIAN, J. These appeals are by three different assessees, questioning the correctness of a common order passed by the Customs Excise and Service Tax Appellate Tribunal, directing them to make a pre-deposit of a portion of penalty levied upon them. 2. Heard Mr.S.P.Harikrishnan, learned counsel for the appellants .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.Sri Sairam Exports, which is the appellant in C.M.A.No.2163 of 20015, appeared before the Docks Intelligence Unit and claimed ownership of the goods. He claimed that he had floated M/s.Sindhu Textiles and had filed shipping bills. 4. Therefore, search of the premises of M/s.Sindhu Textiles was conducted. On the basis of the enquiries and searches conducted, it was found that M/s.Sri Sairam Exports had purchased the consignment from one M/s.J.M.Fashions, which is the appellant in C.M.A.No.2164 o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

pees three lakhs). The duty drawback to the extent of ₹ 12,22,923/- allegedly availed unduly by the appellants, was directed to be recovered with interest from M/s.Sri Sairam Exports. A penalty of ₹ 2,00,000/- (Rupees two lakhs) was imposed upon M/s.J.M.Fashions; a penalty of ₹ 3,00,000/- (Rupees three lakhs) was imposed upon M/s.Sri Sairam Exports and a sum of ₹ 2,50,000/- (rupes two lakhs fifty thousand) was imposed upon M/s.Sindhu Textiles. Different penalties were als .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

M/s.J.M.Fashions to deposit ₹ 50,000/- out of the penalty of ₹ 2 lakhs. The Tribunal took note of the fact that the entire duty drawback amount of ₹ 12,22,923/- (Rupees twelve lakhs twenty two thousand nine hundred twenty three) had already been recovered from M/s.Sri Sairam Exports. 6. Aggrieved by the pre-deposit condition, the appellants filed W.P.Nos.5782 to 5784 of 2008 on the file of this Court. These writ petitions were disposed of by a Division Bench of this Court by a .....

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
  ↓     Update Alerts     ↓  


|| 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