2015 (10) TMI 1720

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.... The Respondent : Shri Alok Srivastava, Authorised Representative Per : Mr. P.K. Das; These appeals are arising out a common order and therefore all are taken up together for disposal. 2. The relevant facts of the case, in brief, are that One M/s. Seema Exports (India), Ahmedabad (hereinafter referred to as 'Importer') imported Polyester fabrics without payment of duty, for manufacturing ....

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....s namely, Shri Bharatbhai S. Shah, Shri Bhanu Mulchand Harwani, Shri Vinodsingh Harisingh Rathore and Shri Rameshbhai Dayaram Punjabi. 3. Learned Authorised Representative for the Revenue submits that it appears from the stay order, the importer had not filed any appeal. None appears on behalf of buyers. Shri M.H. Sukheja, learned Advocate appeared on behalf of Shri Surendra Pyarelal Balani (Br....

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....materials of 92773.5 Meter involving customs duty of Rs. 49,17,526/- alongwith interest and therefore, quantum of penalty of Rs. 30,00,000/- imposed on Shri Ashwin Agarwal the main beneficiary, is justified. 5. Learned Advocate appearing on behalf of Shri Surendra Pyarelal Balani known as Shri Rajubhai Dalal, drew the attention of the Bench to the statement of Shri Surendra Pyarelal Balani. It ....

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.... is no evidence on record that he had the knowledge of diversion of the goods. There are various decisions of the Tribunal that penalty cannot be imposed without any knowledge. 6. Learned Authorised Representative for the Revenue submits that all the buyers have purchased duty free material on cash basis, without any documents and therefore they had the knowledge of diversion of duty free impor....