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Mr. Radheshyam Rander Versus The Commissioner of Central Excise (Adjudication) Bangalore.

2018 (2) TMI 957 - CESTAT, BANGALORE

Penalty on Shri Radheshyam Rander u/s 112 (a) and 112 (b) of the Customs Act, 1962 - 100% EOU - violation of import condition - detailed investigations carried out revealed that M/s. STC had diverted the raw silk imported duty free illegally into the domestic market in gross violation of the provisions of the EOU scheme - Held that: - the detailed and timely investigation carried out by DRI has unearthed the illegal activities of M/s. STC. It was found that M/s. STC has diverted the duty-free im .....

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ed:- 18-12-2017 - SHRI S.S. GARG, JUDICIAL MEMBER AND SHRI V. PADMANABHAN, TECHNICAL MEMBER Mr. Laxmi Narayana, Advocate, For the Appellant Mr. P.R.V. Ramanan, Special Counsel, For the Respondent Per : V. PADMANABHAN The present appeal has been filed against the Order-in-Original No.8/2006-Cus. dated 21.4.2006. The Directorate of Revenue Intelligence (DRI) carried out detailed investigations against M/s. Sansri Trading Corporation (STC), Mysore Road, Bangalore, which was 100% EOU who were import .....

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rious other connected persons including the appellant. After due process of adjudication, the impugned order was passed, in which the raw silk and silk fabrics seized at various places were ordered for confiscation. M/s. STC as well as other connected persons, who had played a part in such illegal diversion, were penalised including Shri Radheshyam Rander. Aggrieved by the impugned order, appeals along with stay petitions were filed before this Tribunal. After considering the stay applications f .....

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d, we heard Shri Laxmi Narayana, learned advocate appearing on behalf of the appellant and Shri P.R.V. Ramanan, learned Special Counsel appearing on behalf of Revenue. 4. In the impugned order, the role played by Shri Radheshyam Rander has been discussed. Shri Radheshyam Rander is alleged to have made high seas sales of several consignments imported by M/s. STC and had received copies of bills of entry relating to such imports. DRI observed that he had purchased about 99 tonnes of duty free raw .....

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