2008 (1) TMI 150

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..... s under Section 114 of Customs Act.  The matter was remanded by the Hon'ble Supreme Court. The Hon'ble Supreme Court held as under :- " Leave granted. Having heard learned counsel for the parties, we are of the opinion that the interest of justice would be observed if the appellant who has now been served with the copy of the show cause notice dated 9.8.03, is allowed to place his case befor .....

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..... llant was the employee of Shri Rajesh Bhasin and he is not party to the fraud. There is no evidence on record that he was withdrawn the money from the bank account where the drawback amounts was deposited. The contention is that the statement of bank manager specifically mentioned that bank accounts were operated by the concerned person however, some time Shri Rajesh Bhasin, the present appellant .....

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..... appellant was assisting Shri Rajesh Bhasin, therefore, the penalty was rightly imposed. 7. I find that in this case the adjudicating authority imposed penalty under Section 114 of Customs Act on the ground that the appellant was close associate of Shri Rajesh Bhasin. I have gone through the statement of bank manager and in their statement the bank manager nowhere stated that the present appellant .....

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