TaxTMI 
TaxTMI 
2014 (2) TMI 330
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....order. 2. Ld.Counsel Shri Nirav Shah appears for M/s Nirav Silk Mills, M/s Tinu Tex, M/s Viral Textiles, M/s Toran Textiles, M/s H. Tex and M/s C.K. Textiles. Ld. Counsel Shri Willingdon Christian represents appellants M/s Saheli Synthetics, M/s Swagat Synthetics and has filed written submissions which are taken on record. M/s Micro Polyester Ltd has sought adjournment on the ground that they have yet to appoint an advocate to represent their matter before Tribunal due to the reason that the company has not been functioning since last 10 years. Appellants Shri R.K. Kulhar, M/s Pooja Tex Prints Pvt.Ltd., M/s Shree Shakambari Silk Mills are represented by ld.Counsel Shri S. Suriyanarayan, who has sought an adjournment on the ground that he i....
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.... same arguments as has been stated by ld.Advocate Shri Nirav Shah. 6. Ld. Departmental Representative would submit that the job workers are also liable for penalty under this Section as they have facilitated in movement of the goods which were imported duty free but were not used for the purposes they were imported. He would rely upon the decision of the Punjab & Haryana High Court in the case of Vee Kay Enterprises. It is also his submission that the main appellant M/s Micro Polyester Pvt. Ltd. has diverted the entire goods which were imported by them as an EOU and all other EOUs as well as the job workers facilitated in such diversion which has resulted in escapement of Customs duty and Central Excise duty. 7. On careful consideration o....
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....e view that in order to hear and dispose the appeal of M/s Micro Polyester Pvt. Ltd., they need to be put to some condition. Accordingly, we direct M/s Micro Polyester Pvt. Ltd. to deposit an amount of Rs.1 Crore (Rupees One Crore only). We also find that Shri Suresh Singhal and Shri Mukesh Ramnivas Gupta who are the Directors of M/s Micro Polyester Pvt.Ltd. also need to be put to some condition for hearing and disposing their appeals. Accordingly, Shri Suresh Singhal and Shri Mukesh Ramnivas Gupta are directed to deposit an amount of Rs.50,000/- (Rupees Fifty Thousands only) each. As regards Shri Shambhu Dayal Shivpal Sharma, who is an authorized signatory of M/s Micro Polyester Pvt. Ltd., since he is an employee, we waive the condition of....