2006 (7) TMI 543

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ocate, for the Applicant. S/Shri M. Gnanasundaram, Deputy Commissioner and J. Terrence Rodrigo, SIO, DRI, for the Department. [Order]. -  M/s. Kanishk Steel Industries, Gummudipoondi - 601 201 (hereinafter referred to as 'the Applicant') have filed this application for settlement of their case with reference to the Show Cause Notice F. No. VIII/26/292/2004-DRI, dated 10-12-2005 issue....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....torate of Revenue Intelligence on investigation found that their DEPB licences as well as TRA were forged and fabricated. Accordingly, the Show Cause Notice was issued demanding the entire customs duty on the goods cleared to the tune of Rs. at Rs. 6,78,762/. It was also proposed to confiscate the goods imported and to impose penalty on them. 4. The applicants in their application stated t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Deputy Commissioner, DRI, Chennai appeared on behalf of Revenue. 6. The Advocate for the applicant company explained the background of the case and submitted that they had acted under the bonafide belief and paid the amount of Rs. 3,43,783/-, during the investigation itself, despite the demand is barred by the limitation. The balance amount has also since been paid by them. On immunity f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat the application merits admission for settlement of the case. The applicant has pleaded for immunities from interest, confiscation, penalty and prosecution. 8. With regard to interest, we find that this is a special case in as much as the applicant is an innocent victim of the criminal activities of certain people. There is no evidence that the applicants had knowledge and took part in ....