2013 (9) TMI 220

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....as follows: 1. (i) I deny the benefit of concession availed by them in terms of Notfn. Nos. 16/2000-Cus dated. 1.3.2000 and 17/2001-Cus dated. 1.3.2001. (ii) I confirm the differential duty of Rs. 2,12,98,655/- (Rs. Two Crore Twelve Lakhs Ninety Eight Thousand six hundred and Fifty Five only) under proviso to sub-section (1) of Section 28 of the Customs Act, 1962 read with the conditions of the Notification Nos. 16/2000-Cus. Dated. 1.3.2000 and 17/20001-Cus dated. 1.3.2001; (iii) I order payment of interest on the duty demanded and confirmed above at the rates applicable in terms section 28AB of the Customs Act, 1962. (iv) I hold that 9949.828 MTs of melting scrap, valued at Rs. 5,33,54,932/- ( Rs. Five Crore Thirty Three Lakhs ....

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.... (ii) I impose penalty of Rs.45,00,000/-(Rupees forty five lakhs only) on Shri B.Umamaheswara Rao, Executive Director of S.D.V. Steels Limited, I.D.A., Kondapalli, Krishna District under Section 112 (a) of the Customs Act 1962. (iii) I impose penalty of Rs.30,00,000/-(Rupees thirty lakhs only) on Shri K. Satyanarayana, Director of S.D.V. Steels Limited, I.D.A., Kondapalli, Krishna District under Section 112 (a) of the Customs Act 1962. (iv) I impose penalty of Rs.30,00,000/-(Rupees thirty lakhs only) on Shri Kamal Kishore Ojha, Agent of S.D.V. Steels Limited, I.D.A., Kondapalli, Krishna District under Section 112 (a) of the Customs Act 1962. (v) I impose penalty of Rs.5,00,000/-(Rupees five lakhs only) on Shri Malchand Ojha, Propr....

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....2 (a) of the Customs Act, 1962. (viii) I impose penalty of Rs.15,00,000/- (Rupees fifteen lakhs only) on M/s. Kamachi Steels Limited, Chennai; under Section 112 (a) of the Customs Act, 1962. (ix) I impose penalty of Rs.16,00,000/-(Rupees sixteen lakhs only) on Shri Manu Goel, Director of M/s Vriksh Tran world Holdings Limited, Chennai; under Section 112 (a) of the Customs Act 1962. (x) I impose penalty of Rs. 15,00,000/-(Rupees fifteen lakhs only) on Shri Pradeep Kabra, Proprietor of M/s Time Enterprises, Chennai; under Section 112 (a) of the Customs Act 1962. (xi) I impose penalty of Rs. 16,00,000/-(Rupees Sixteen lakhs only) on Shri Sanjay Maganlal Mehta, Partner of M/s Mehta Trading Corporation, Mumbai-69; under Section 112 (....

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....street), Is' floor, Chennai -600 001; under Section 112 (b) of the Customs Act 1962. (vi) I impose penalty of Rs.1,00,000/-(Rupees One lakh only) on M/s. Fast Freight International, 83-84, More street, Chennai-600 001 under Section 112 (b) of the Customs Act 1962. (vii) I refrain from imposing penalty under Section 112 (b) of Customs Act, 1962 on Shri Ajay Lohia, Prop. of M/s. Sonal Shipping Services, under Section 112 (b) of the Customs Act 1962 as he or his proprietorship has not been made a noticee in the show cause notice. (viii). I also refrain from appropriating the amounts deposited by M/s Bajrangbali Trading Company and M/s Kamachi Steels Limited towards the liability of M/s SDV Steels Limited as there is no legal provision....