2001 (6) TMI 555

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....JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. -  The appellant No. 1 is the sole proprietor of firm M/s. N. Mehta & Co., Bombay. The firm filed as an exporter Shipping Bills dated 30-3-1984, for export of 989 pieces of filament/jari/pure silk sarees in 22 cartons to a party in Hongkong in discharge of export obligation against duty free import of Raw Silk under duty Ex....

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....idered the matter and find - (a)     The learned Advocate for appellants at Sl. Nos. 1 & 2, only contests the penalty imposed and submitted that there is no evidence of knowledge on part of his client at Sl. No. 1 since he was always at Bombay and the entire work of Export at Bangalore, was looked after by his client A-2. The cartons containing the correct goods were examine....

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....n the person incharge for exports i.e. Shri Himanshu Gandhi and the proprietary firm, the exporter in this case, attempting to export "cotton sarees and other cotton goods instead of declared 968 pieces of Silk Sarees declared at FOB value of Rs. 6,56,852/-. The declared value of goods found was to be only Rs. 89,250/- for 357 silk sarees and Rs. 1,658/92 for cloth i.e. about Rs. 91,000/- amountin....

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....e knowledge and was actively involved and responsible for the attempt to export misdeclared goods while he was responsible to ensure that the export of correct goods should take place. Therefore, penalty of Rs. 1,00,000/- imposed on him is found to be adequate and justified as imposed and confirmed. 4. In view of our findings, the appeal of Shri N.M. Mehta is partly allowed by reducing the....