18, Paigah Colony, S.P. Road, Secunderabad should number be companyfiscated under Section 113 d of the Customs Act ibid and A penalty should number be imposed on each of them under section 114 i of the Customs Act, 1962.
The goods were intercepted at Chennai.
The goods were declared as Dyed Printed Night Wears Maxis in various sizes companyours.
Forty lakhs only Mr. Deepak Jhunjhunwala Rs.30,00,000/ Rs.
142 to 147 dated 06.01.200.
The goods were purchased from Bombay and sent to Hyderabad to be loaded in a vessel at Chennai for export to Dubai.
They declared their address as c o ABC, II Floor, YMCA Complex, Sardar Patel Road, Secunderabad.
M s Aadee Exports Imports, Secunderabad filed five shipping bills bearing Nos.
Five lakhs only .
136 to 141 dated 06.01.2001.
All the said shipping bills were filed for post export benefit under the DEPB Scheme claiming credit rate 15 vide Sl.
The goods seized vide panchnama dt.
The value of the goods was claimed to be Rs.41 lakhs US 6.40 per piece.
24.2.2001 at Plot No.18, Paigah Colony, Secunderabad are companyfiscated under Section 113 d of the Customs Act, 1962 and in terms of Section 125 ibid I order release of the same on payment of redemption fine of Rs.5,00,000/ Rs.
136 to 146 all dated 6.1.2001 through ICD Hyderbad with a declared FOB value of Rs.2.72 crores should number be denied to be exported under DEPB Scheme and the DEPB credit totally amounting to Rs.41,06,700/ should number be denied ii The declared value of US 6.40 per piece in the above said shipping bills should number be rejected iii The goods companyered under the said Shipping Bills seized at Chennai port on 24.1.2001 should number be companyfiscated under section 113 d , 113 h 113 i of the Customs Act, 1962 iv The goods seized vide panchnama dt.
They were seized.
In terms of Section 114 i of the Customs Act, 1962, I impose penalties on Noticees as follows Mr. Suresh Jhunjhunwala Rs.40,00,000/ Rs.
The companysignment was made in the name of M s Reemj Al Maha Trading Est.,
Dubai, UAE.
Upon examination, it was found that all the goods were ladies nightwear shaped garments and were found to be small, uneven and unshaped which companyld number be worn by any person of any age including children.
The option to redeem the goods should be exercised within one month from the date of receipt of this order.
Twenty five lakhs only C. Satyyapal Reddy Rs.5,00,000/ Rs.
Five lakhs only While arriving at the said findings, the Commissioner relied upon the statements of various witnesses and other documents.
The total FOB value of the companysignment was declared to be US 5,84,064/ Rs.2.72 crores approximately.
24.2.2001 at Plot No.
The Commissioner of Customs and Central Excise, in its order dated 31.03.2004 opined The impugned goods sought to be exported vide B. number.136 to 146 all dated 6.1.2001 with a declared value of Rs.2.7 crores is denied to be exported under DEPB scheme and DEPB credit amounting to Rs.41,06,700/ is denied as the declared value of US 6.4 per piece is also rejected.
It was allegedly found that cheap garments were being exported by grossly mis declaring the description and heavily over invoicing the value under the said Scheme by the aforementioned two firms.
A show cause numberice was issued on 18.07.2001 directing Respondents to show as to why i the goods sought to be exported in the name of M s Ganesh Yarntex Exports P Ltd. and M s Aadee Exports P Limited and M s Aadee Exports Imports vide shipping bill number.
He, therefore, directed companyfiscation of the goods in terms of Section 113 of the Customs Act.
It was found that Respondents have companymitted a fraud.
An appeal thereagainst was preferred by Respondents before the Customs, Excise Service Tax Appellate Tribunal.
Thirty lakhs only Mr. Sachin Jhunjhunwala Rs.25,00,000/ Rs.
The materials relied upon by him to determine acquisition, financial dealings , the low quality of the garments and the intent to obtain undue benefit of DEPB Credit Facility fraudulently were said to be based on physical examination of goods, statements of suppliers, customs house agents, staff employed by Respondents and Respondents themselves.
The option to redeem the goods should be exercised within one month from the date of receipt of this order.
B. SINHA, J M s Ganesh Yarntex Export Private Limited filed six shipping bills under the Duty Entitlement Pass Book Scheme DEPB Scheme bearing Nos.
