TMI Blog2018 (4) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... upto Dubai whereas the consignment was destined for St. Petersberg. Furthermore, it would appear that Capt. Sahi instructed that twelve of the export containers be diverted to Colombo. Penalties not sustainable - appeal allowed. - C/987 & 988/2009 - A/86001-86002/2018 - Dated:- 5-4-2018 - Justice Dr. Satish Chandra, President ,Shri C J Mathew, Member (Technical) Shri HR Shetty, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terconnected, we dispose there off by a common order. 2. It is pertinent to note that the finding against the appellants is: M/S. Sitara Shipping Ltd and its director Shri S. S. Sahi dealt with cargo for further shipment to the overseas consignee covered under the aforesaid 32 DEPB SIBS. They had admitted for receiving the payment of freight charges upto Dubai and not upto St. Petersberg as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a container from Mumbai to Colombo and than to Dubai when the final destination is Dubai. Shri Sahi knew this fact and received the payment up to Dubai, means he knows the actual destination was Dubai and despite this he routed these containers to Colombo so as to avoid the actual destination to the department and thereby tried to mislead the department. Whatever stated by him during the investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng. He and his company has aided and abetted M/S Knomo Exports Ltd. and its directors Shri S S Sandhu and Shri Ajay Vyas and also Shri Prashant D. Divekar and its three proprietary concerned in fraudulently procuring DEPB Credits to the tune of ₹ 5,99,95,225/(approx). Due to the aiding and abetting by M/S. Sitara Shipping Ltd and its Directors Capt. S. S. Sahi as discussed above renders them ..... X X X X Extracts X X X X X X X X Extracts X X X X
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