TMI Blog2001 (12) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... als are taken up for disposal, with the consent of both sides, after waiving deposits. 2. By the order impugned in these appeals, the Commissioner has demanded duty of Rs. 9.92 lakhs approx from Swem Industries (Appeal 284/01), imposed a penalty of equal amount under Section 114A of the Act, imposed a penalty of Rs. 1.00 lakh on Fahod Safi Motiwala, its partner, ordered confiscation of thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imported by Swem Industries. This unit was a 100% Export Oriented Unit and had cleared the yarn without payment of duty in terms of the exemption contained in Notification 53/97. Enquiries also disclosed that the yarn found on the third tempo van have been sold to various buyers located in Kim which was the destination of the third tempo. 4. The common counsel for the appellants does not d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hough the departmental representative relies upon the reasoning of the Commissioner's order, we are not able to find any reason in that order which would justify adopting the market value for levy of duty. Since the goods became liable to duty, either because the condition of the notification was not complied, or because they were removed from the warehouse without paying duty thereon the value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 lakh imposed on Fahod Safi Motiwala. The driver (who also is the owner of each of the tempo vans) stopped by the officers on the highway had professed their ignorance of the facts that the yarn in question was being removed from the premises of Swem Industries contrary to law and had also emphasised that one of the tempo vans which were travelling together, carried an employee of this firm. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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