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Commissioner of Customs, Mumbai Versus M/s Tex-Age and Others

2016 (10) TMI 264 - SUPREME COURT

Allegation of illegal export - export of ready made garments after fulfilling all the legal requirements - entire remittance from exports received by the respondents - whether remittances by way of Hawala was carried on by the assessee and whether th .....

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xtent that the allegations of flow back of the remittances by way of Hawala could not be proved by the Department. It is further recorded by the CESTAT that the invoices etc. which were raised of particular amounts were duly checked by the Department .....

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ing could not be established by the Department - no infirmity in the order of CESTAT - appeal dismissed - decided in favor of assessee. - Civil Appeal Nos. 4465-4473 of 2008 - Dated:- 5-9-2016 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN JJ. Mr. A. .....

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ents. ORDER The respondents are engaged in the export of ready made garments. It has been making those exports from time to time. These exports were made after fulfilling all the legal requirements. It is also not in dispute that against those export .....

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eived in the Bombay Zonal Unit of Directorate of Revenue Intelligence that the exporter was engaged in the fraudulent exports of low quality ready made garments from Nhava Sheva Sea Port by resorting to overvaluations in order to claim undue export b .....

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Tribunal (CESTAT). The CESTAT allowed this appeal thereby quashing the deduction and the penalties etc. This judgment of CESTAT is under challenge in these appeals. 3. A perusal of the judgment of the CESTAT shows that the entire material placed befo .....

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