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Shri Narender S. Chahar Versus Commissioner of Customs (Preventive) , New Delhi

2016 (1) TMI 1050 - CESTAT NEW DELHI

Levy of penalty on G-cardholder of M/s. Quick Clear Agency, holder of CHA licence - involvement in smuggling of goods - appellant contended that he was compelled to give statement under Section 108 of the Customs Act, 1962 which he retracted. He had .....

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the nature of impugned goods and in view of the fact that their value, we are of the view that the penalty imposed by the adjudicating authority is not unreasonable or arbitrary. - Levy of penalty confirmed - Decided against the appellant. - Appeal N .....

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upheld order-in-original dated 20.08.2009, in terms of which penalty of ₹ 1 lakh was imposed on the appellant. 2. The brief facts of the case are that on 27.02.2007 specific intelligence was allegedly gathered by Customs to the effect that (i) .....

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, opposite canteen in the Import Shed examination area of ICD, TKD. (iii) These goods were informed to be loaded on specific trucks after de-stuffing from the said container. (iv) Further, these goods will be cleared under the gate pass of some other .....

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r out of which one truck was already fully loaded with the bales and the second truck was in the process of being loaded. Surveillance was kept. After loading of the second truck both the trucks moved towards the exit gate and were intercepted by Cus .....

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uld get the gate pass at the exit gate of ICD, TKD. 3. No one appeared for hearing when the case was called nor was there any request for adjournment and therefore, we proceed to decide the case on merits. 4. The appellant in his appeal has essential .....

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d goods. 5. On perusal of records, it is seen that the appellant was a G-cardholder of M/s. Quick Clear Agency (a CHA) and partner of M/s. P.H. Logistics and directly and actively participated in smuggling in this case as is evident from para 46.3 of .....

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get them cleared from Customs, he was aware that goods were not mutilated rags, and he got "good" amount for getting the consignment cleared. He arranged the trucks, and was guiding/instructing the drivers of the trucks. The appellant in hi .....

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