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. Vinay Aggarwal Versus CC, Jaipur-I

2016 (4) TMI 970 - CESTAT NEW DELHI

Imposition of penalty - Section 112(a) and 114 AA of the Customs Act, 1962 - Import of Measuring Tapes of Malaysian origin from Singapore by M/s. Western Impex - Held that:- there is no dispute about the fact that M/s. Western Impex being an actual importer, in terms of the definition of Importer as per the provisions of Section 2(26) of the Customs Act. By confirming the differential demands, as also by giving an option to M/s. Western Impex, Revenue has accepted the said fact. Revenue stand th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

made to the Customs Authorities, no penalties upon him can be called for, even if he was the financer of the consignments, since he cannot be said to have done any act or omitted to do as act which have rendered the goods liable to confiscation. In terms of the said decision, we find no justifiable reasons to impose penalty upon the present appellant. - Decided in favour of appellant with consequential relief - Customs Appeal No.C/654/2010-CU(DB) - Final Order No. 51292/2016 - Dated:- 13-4-2016 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

estern Impex imported Measuring Tapes of Malaysian origin from Singapore and filed a bill of entry declaring value of the same as ₹ 9,00,000/- approximately in one case and ₹ 11.68 lakhs in another case. Investigations were initiated and statements of various persons were recorded. 3. During the course of investigation, it transpires that the present appellant, Shri Vinay Aggarwal, who has another proprietary unit under the name and style of M/s. V.K. International was engaged in 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

iscating the goods and imposing penalties upon M/s. Western Impex. The show cause notice culminated into the present impugned order passed by the Commissioner. 5. Ld. Advocate drawing our attention to the operative part of the impugned order submits that admittedly, a bill of entry was filed by M/s. Western Impex and the value was declared by them, which stands enhanced by the Adjudicating Authority. The imported goods also stand confiscated with an option to M/s. Western Impex to redeem the sam .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as filed by M/s. Western Impex and even as per the Revenue, an option to redeem the goods stands given to M/s. Western Impex, duties stand paid along with payment of fine and penalties stand accepted by the Revenue. He submits that in such a scenario, the present appellant cannot be held to be the importer of the goods so as to invoke the penal provisions against him. He also submits that the charge of abatement, if any, is not proved by placing sufficient evidence on record. Mere helping or gui .....

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