2014 (5) TMI 241

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....nsequently early hearing application is considered as disposed of. 2. 900 gms of gold was seized from Shri Harish Babu on 10.05.2013 at Ernakulam railway station when he was trying to board Inland Express train to Bangalore. In his statement Shri Harish Babu stated that he was carrying the gold for handing over to    Shri Prashanth Mehta, Director of Rajesh Exports, an SEZ unit and gold was handed over to him by Shri Biju Abraham, Manager of Rajesh Exports Ltd. Shri Harish Babu is also Manager of Rajesh Exports in charge of export-import operation. Revenues claim is that the gold was diverted from SEZ from the import stock. 3. The impugned order under challenge is the one in which the Commissioner has extended the peri....

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....sidered the submissions made by both the sides. In my opinion the impugned order is sustainable because there is no prejudice caused to the appellant by the impugned order. He is not the owner of the gold and the owner of the gold did not even cooperate with the investigation during the relevant period. As far as the present appellant is concerned, he may be visited with penalty for participating in the smuggling operations. For imposition of penalty there is no limitation and show-cause notice can be issued at any time. Under these circumstances, I consider that on merits appellant has no case since he is not at all prejudiced by the impugned order and in any case he has been given an opportunity to attend the personal hearing. If he fails....