TaxTMI 
TaxTMI 
TaxTMI 
2016 (11) TMI 175
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....the appellant and upheld the Order-in-Original No. 174/2011-12 dated 15/2/2012. 2. In the impugned order penalties imposed upon the appellants M/s. Terai Overseas Pvt Ltd, Shri. Ajit Kumar Agarwala and Shri. Rajendra Kanodia on the ground that they were actively involved in the fraudulent exports and claiming fraudulent drawbacks. In the investigation it was found that one M/s. Chanakya Exports vide three shipping bills attempted the export of garment. The actual value of the garment was found to be approximately Rs. 16 lacs whereas the value declared in the export documents were 3.5 crores, accordingly they claimed 15% draw back on the declared value. There is separate proc....
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.... in the gross violation of principle of natural justice inasmuch as he upheld the order of the additional commissioner, who did not allow cross examination of Shri. Raju Taneja of M/s. Kap Cargo, shri. S.M. Owais of M/s. Sotra Transport(I) Pvt Ltd and Prithipal Singh of M/s. Chanakya Exports, Delhi, whose statements were used against appellant despite twice remand orders dated 30/8/2007 and 21/5/2015 of this Tribunal. He submits that as per the Adjudicating authority witnesses were not available for cross examination, therefore statements should not have been relied upon and if it is so no case can be made out against appellant as the sole basis of penalizin....
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....Terai Overseas Pvt Ltd is not relevant to this case but to case where the goods were exported by M/s. Rainbow on behalf of the M/s. Terai Overseas Pvt Ltd. There is nothing in the statement of Shri. Rajiv Gupta to show that goods exported by M/s. Chanakya Exports were manufactured or sold by M/s. Rainbow Collection of Jaipur. He submits that Shri. V.P. Singh has accepted that he got drawback and the same was corroborated. The statement of Shri. Raju Taneja on 4th June which clarifies, he exported the goods and received the drawback of Rs. 41 lacs out of which he returned Rs. 15 lacs to the department. The appellant has neither got any benefit of drawback nor....
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.... is the establishment of such a degree of probability that a prudent man may on its basis believe in the existence of the facts in issue. In view of the judgments in the present case there are corroborative evidences and conduct of thus persons which clearly indicates that they were involved in the entire episode of fraudulent claim of drawback. 5. I have carefully considered the submissions made by both sides and perused the record. 6. As regard the fraudulent drawback claim against exports made through M/s. Chanakya exports on account of M/s. Terai Overseas Pvt Ltd, the same has been established. Now the only issue to be decided in these appeals is whether the appellants are involved....
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....the other Director Shri. Ajit Kumar Agarwala even after resigning from the directorship, he is authorized signatory in the bank account. Even Shri. Ajit Kumar Agarwal resigning from the director ship of the company but he is holding stock of 50% of total share capital of M/s. Terai Overseas Pvt Ltd and of other two companies. Shri. Ajit Agarwala remained the guarantor for packing credit finance extending for Terai Overseas Pvt Ltd. Documents pertaining to agreement for export by M/s. Terai Oversease Pvt Ltd were found in the corporate office of Agarwala group of companies. In respect of M/s. Chanakya Export on account of M/s. Terai Overseas Pvt Ltd the premium for marine insurance policy....