2008 (12) TMI 525

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....ocate, for the Appellant. Shri R.S. Sarova, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - After hearing both the sides for considerable time, we find that the appellant was a 100% EOU engaged in the processing of fabrics. As they were found involved in evasion case of duties of around Rs. 2.49 crores in respect of fraudulent export to Bangladesh, their licence was s....

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....ase that the goods were stolen or replaced by unknown people and they have filed a FIR to that effect with the Police on 16-2-2005. However, on being queried, ld. Advocate fairly admits that the keys of the lock of the godown were with them and the lock was not found to be tampered with on the date of visit of the officers. However, he submits that such shortages were detected by themselves only o....

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.... and the FIR filed by the assessee is only as an afterthought and as a counter defence. Ld. DR further submits that the investigations on the FIR filed by the Revenue stand concluded by the Police and charge sheet to that effect stands filed in the Court of Law. 5. In view of the above, we do not find a prima facie case in favour of the appellant. The goods having been handed over to the a....