TMI Blog2017 (9) TMI 596X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Customs Department as no imported item was recovered during search. It is also the allegation of the Department that another Company known as M/s Kalpena Industries Ltd. had imported plastic granules without paying proper duty, but sold the same in the open market at a higher price with the help of the assessee-company and it is the sale consideration of plastic granules - Held that: - action may be taken against M/s Kalpena Industries Ltd., who had imported the plastic granules. M/s Kalpena Industries Ltd. is an independent legal identity. The assessee company cannot be penalized, especially, when the appellant is engaged in an independent business of Real Estate. There is no justification to detain the cash amount and the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant has filed the present appeal. 4. With this background, we have heard Ms.Voomika Verma, ld.Counsel for the appellant ; and Shri S.K.Naskar, ld. D.R., assisted by Shri Ranjan Sen, Sr. Intelligence Officer, for the Department. 5. From the record, it appears that a Writ Petition No.46/2013 was filed by the appellant before the Hon ble Calcutta High Court challenging the said search of seizure operation, but the same is still pending. 6. Further, the appellant has also filed another Writ Petition No.162 of 2017 before the Hon ble Calcutta High Court, where a request is being made for provisional release of the seized currency. According to the ld.Counsel for the appellant, the Hon ble Calcutta High Court was of the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Department that both the Companies are closely associated with each other as a few Directors are common. He also informs that the recovered amount has been deposited in the Bank as Fixed Deposit . 9. After hearing both sides and on perusal of record, we are of the view that when the matter is pending before the Enforcement of Directorate (E.D.) and Income Tax Department, then the matter cannot be considered by the Customs Department, as no imported item has been seized/recovered. 10. Needless to mention, the Government of India functions on the basis of Business Conduct Rules , where the work has been distributed to various Department. In the instant case, recovery of the money, may be un-accounted money, primarily, is the subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... establish a causal link/nexus between the alleged smuggled goods and the sale proceeds, has also been judicially upheld in K.P.Basheer Vs. CCE, Cochin, MANU/CB/0034/1995, which opined the following : Para 12. The ld.Consultant had also cited the following judgements in his favour : (i) Malar Vs. Collector of Central Excise, Tiruchy : 1988 (14) ECR 94 (T) : 1988 (33) ELT 444 (T) ; (ii) Ramachandra Vs. Collector of Customs : 1992 (39) ECR 155 (T) : 1992 (60) ELT 277 (T) ; (iii) IOL Ltd. Vs. Collector of Customs : 1992 (59) ELT 477 (T); (iv) Manindra Chandra Dey Vs. CEGAT : 1992 (58) ELT 192 (Cal.) ; (v) AMCO Electronics Vs. Collector of Customs : 1993 (46) ECR 44 (T) : 1992 (61) ELT 650 (T) ; (vi) A. K. Aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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