2007 (4) TMI 682

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er or not in view of the admissions contained in the statements recorded under Section 108 of the Customs Act, 1962, the respondent who deal with the goods knowing them to be liable for confiscation is or not liable for imposition of penalty under Section 112 of the said Act? (2) Whether or not the Tribunal has erred in law in not holding that there was sufficient evidence for imposition of penal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o a person who played fraud with the office of the Jt. DGFT, New Delhi, for having obtained the licence by mis-representation of the facts through a licence broker. The appellant had categorically denied in his statement the purchase of any licence from Shri Shashi Bhushan for recovering the price of the high seas sale contract under which he sold the goods to him. From the ground of appeal, it is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e material on record, we find that the fraud has been committed by Shri Shashi Bhushan, proprietor of M/s Efficient Export with the Active support of Shri Mahesh Ganatra a licence broker who helped him in obtaining the advance licence. The breach of the conditions of the advance licences had been committed by Shri Shashi Bhushan and not by the appellant. After the high seas sale of the goods, it i....