2015 (6) TMI 260

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....ing on behalf of importer, Sri Sai Corporation and Jitendra N. Kamdar , submits that imports were made against genuine DFRC without any discrepancy in the GSM because the TRAs used did not contain GSM of the goods therein. Therefore, these appellants neither contravened law nor any misdeclaration of the description of the goods was made in the Bills of Entry by them. Revenue has unreasonably imposed duty of Rs. 29,92,424/- on Sri Sai Corporation followed by equal amount of penalty. Further, this demand has been levied jointly and severally on both the appellants i.e. Sri Sai Corporation and Sri Jitendra N. Kamdar which is uncalled for under law. 2. Shri Loon Karan Kawad (broker of TRA in Chennai) appearing in person in appeal Nos. C/224/....

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....nocent and predeposit may be waived against penalty of Rs. 22.50 lakhs approximately imposed on him since he has already deposited Rs. 10.00 lakhs during investigation. 4. On the other hand, Revenue submits that mentioning of GSM in DFRC licence as well as in TRAs is prerequisite to grant duty exemption. Higher the GSM value, higher is the duty liability. The importer-appellant in connivance with the brokers and the employee of the CHA, fabricated TRAs without mentioning the GSM therein and caused duty evasion which was discovered during investigation. Therefore, there should not be waiver of predeposit against the stay applications filed by these five appellants involved in this batch of appeals. 5. Heard both sides and perused the r....

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....00 4. -do- C/75/2011 8,00,000 1,70,000     TOTAL 22,50,000 5,00,000     Sl.No. Appellant Appeal No. Penalty imposed Predeposit ordered 1. Parag K. Mehta C/61/2011 1,50,000 30,000 2. -do- C/88/2011 9,50,000 2,20,000 3. -do- C/63/2011 3,50,000 80,000 4. -do- C/89/2011 8,00,000 1,70,000     TOTAL 22,50,000 5,00,000   7. The appellant Shri Loon Karan Kawad who is in appeal Nos. C/224/2011, C/225/2011, C/226/2011 & C/227/2011 having deposited Rs. 10 lakhs as stated hereinbefore, there shall be waiver of predeposit of balance amount of penalty demanded from him. 8. Ld. counsel Sr....