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of <h1>Penalties Reduced for Company and Director in Duty-Free Gold Import Case</h1> <h3>AURAM JEWELLERY EXPORTS (P) LTD. Versus COMMR. OF CUS. (EXPORTS), NEW DELHI</h3> AURAM JEWELLERY EXPORTS (P) LTD. Versus COMMR. OF CUS. (EXPORTS), NEW DELHI - 2011 (272) E.L.T. 90 (Tri. - Del.) Issues:Appeal against Commissioner's order dated 30-11-05 regarding duty demand, penalties, and missing gold allegations.Analysis:The case involved missing gold allegations against an appellant company with a unit in NEPZ for manufacturing and exporting gold jewelry. Customs Authorities sealed the strong room based on alleged malpractice suspicions. Despite a criminal complaint by M/s. MMTC, the appellant was discharged by the Additional Chief Judicial Magistrate due to lack of evidence of misappropriation. A show cause notice was issued for unfulfilled export obligations and duty demand, which the Commissioner upheld, imposing penalties on M/s. MMTC and the appellants.The appellant argued that there was no evidence of gold removal, and the responsibility lay with M/s. MMTC for gold accountal and export obligations. They sought to set aside penalties, highlighting the lack of collusion allegations. The Commissioner's reliance on unnamed statements was contested, emphasizing the absence of key statements.The Tribunal noted the duty-free import of gold by M/s. MMTC and the appellant's receipt of 16 kgs., with discrepancies in export obligations fulfillment. Despite no direct evidence of gold removal by the appellant director, their failure to account for duty-free gold was established. Penalties were deemed warranted due to non-fulfillment of obligations.Considering the circumstances, the Tribunal reduced penalties on the appellant company and director from Rs. 25 lakhs to Rs. 5 lakhs and Rs. 25 lakhs to Rs. 3 lakhs, respectively. The decision was based on the appellant's role as a job worker, the upheld duty demand against M/s. MMTC, and the overall case specifics.In conclusion, the appeals were disposed of with reduced penalties imposed on the appellant company and director, acknowledging their responsibilities in the context of duty-free gold import and unfulfilled export obligations.
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