2018 (2) TMI 248

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....d the application for condonation of delay of 82 days in preferring the Statutory Appeal. 2. The facts in brief are as under :- a) The petitioner is engaged in business of export of cut and polished diamonds and accordingly, had sought clearance of cut and polished diamonds in eight different lots under Shipping Bill dated 16.01.2007 and corresponding export invoices. b) The petitioner found variation in the pieces per carat. After the panel inspection of the goods (diamonds), the Department found over valuation of such diamonds. Hence, a showcause notice dated 12.07.2007 came to be issued calling upon the petitioner to showcause as to why :- "a) The goods i.e. 1792.89 carats of Cut & Polished Diamonds, (out of which 1786.89 carats h....

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....(Rupees Twenty lacs only) on M/s C Mahendra Exports Limited [erstwhile M/s C Mahendra Exports (100% EOU)] under Section 114(iii) of the Customs Act, 1962. (iii) I also impose a penalty of Rs. 10,00,000/- (Rupees ten lacs only) on Shri Suresh K Mehta, [Partner of erstwhile M/s C Mahendra Exports (100% EOU)] and now Director of M/s Mahendra Exports limited, under Section 114(iii) of the Customs Act, 1962." d) Aggrieved by the order in original, passed by the Principal Commissioner Customs at Ahmedabad, the petitioner preferred an Appeal which was inwarded on 13.12.2016. Such an application was accompanied with a delay condonation application as there was a delay of 82 days in preferring such an Appeal. e) The Tribunal not accepting t....