2011 (5) TMI 1046

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....ogether. 3. The applicant Shri Iqbal Mohan Amritlal Mehra (hereinafter referred as Shri Mehra) filed application for waiver of penalty of Rs. 15 lakhs, Shri Shilpesh Sawant and Shri Sandeep Naik filed applications for waiver of penalty of Rs. 20 lakhs each, M/s. H.P. Joshi & Co. filed applications for waiver of penalty of Rs. 5 lakhs, Shri Kantilal H. Joshi, partner of H.P. Joshi & Co., filed application for waiver of penalty of Rs. 3 lakhs and Shri Ashwin K. Joshi employee of M/s. H.P. Joshi & Co. filed application for waiver of penalty of Rs. 2 lakhs. 4. The case of the Revenue is that M/s. Specialist Exports made export of readymade garments under 233 shipping bills and claimed drawback of Rs. 1,83,91,289/-. As per the sh....

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....40 of the Foreign Exchange Regulations Act, hence, the impugned order is not sustainable. 7. The ld. JCDR rely upon the market survey conducted and evidence collected during the investigation to show that the value of the goods was mis-declared to get undue drawback. 8. We find that in this case the goods were exported and drawback claim was sanctioned. During investigation it was found that the goods was overvalued and the market enquiry and evidence collected from the supplier of the goods shown the actual value of the goods. We find that the goods were exported by Specialist Exports and during investigation it was found that no payment was received by M/s. Specialist Exports in respect of export. Further, we find that Shr....