2011 (5) TMI 624

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....who was supposedly taking part in the impugned business of Shri Bharat Jamnadas Jagda. The three appeals arise from a common adjudication order, namely C. No. VIII (HQ)ACE/ADJ/21/ 2010 dated 28-01-2011 issued by Commissioner of Customs, Air Cargo (Exports), New Custom House, New Delhi.   2. This proceeding relates to seizure, made on 06-02-09, of gold bars, gold coins, gold jewellery and Indian Currency from the business premise of M/s Omkar Jewellers (a proprietorship concern of Shri Bharat Jamnadas Jagda) in New Delhi and M/s Orbit Gold (a proprietorship concern of Shri Mukesh Mahesh Kumar Kothari) in Mumbai.   3. The investigating agency has made out a case that the gold bars and coins were imported by two units working under....

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.... and 28 of the Special Economic Zone Rules 2006 read with section 111(a), 111(b), 111(d), 111(f), 111(i), 111(j) and 111(o) of Customs Act,1962 should not be confiscated. There was also a proposal to confiscate the seized Indian currency under section 121 of the Customs Act and imposition of penalties under different sections of the Customs Act.   7. On receipt of the Show Cause Notices Omkar Jewellers and another notice namely Orbit Gold paid the customs duties, allegedly not paid, along with interest thereon and penalty as prescribed under section 28(1A) of the Customs Act, hoping that such action will result in conclusion of all proceedings against them.   8. However the Customs authorities were of the view that the provision....

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.... Total = 8,14,544   (c)Mukesh Kothari: Admittedly deposited during =1,00,00,000 investigations (As per para 30 of the impugned order)   11. The Ld. DR on the other hand argues that a very lenient order has been passed in the case of M/s Omkar Jewellers and Orbit Gold and similar order for the present Appellants also will lead to a situation where delaying tactics will be adopted by these Appellants and the collection of moneys due to the government will be delayed unduly   12. We have considered arguments on both sides.   13. This case involves evasion of customs duty as well as contravention of Import Regulations. The matter relating to duty evasion already stands settled under provisions of section 28(1A) of the Cu....