2015 (10) TMI 1044

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....Radhakrishnan, Sr. Adv., Ms. Shirin Khajuria, Adv., Mr. Arijit Prasad, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. Dushyant A. Dave, Sr. Adv., Ms. Nisha Bagchi, Adv., Ms. Rohina Nath, Adv., Ms. Sujata Shiroikar, Adv. And Mr. Umesh Kumar Khaitan,Adv. ORDER This case raises a factual question arising out of three show cause notices which confirmed various duty demands and d....

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....ons made were deliberately false, as M/s. GTC Industries Ltd. never believed that the retailers would sell the cigarettes and had, therefore, full knowledge that the retail packet would not be sold in accordance with the price declaration made thereon. It was, therefore, alleged that the extra money over and above the prices shown in the invoices was being collected in respect of sale of various b....

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....ifiable under sub-paragraph 2 of the table in the said Notification, and not sub-paragraph 3 as was wrongly held by the Collector. This was done after the Tribunal went into the standards terms and conditions of the business with the wholesale buyers and after appreciating the witness statements made and particularly retractions made from the said statements in cross-examination. Ultimately, it he....

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....super buyer. From the affidavit filed by GTC, it is seen that even in the year in which the deposit was made, the turnover of the super buyer was 12 to 15 times of the amount of deposit. However, the deposit scheme was not unique to GTC as several other companies were taking similar deposit and this fact is brought out in the order dated 5th May, 1994 of the Collector of Customs, Mumbai wherein th....