2018 (5) TMI 729

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....jesh Jain, owner of M/s Mondial General Trading UAE. In para 4, Rajesh Jain deposed that he himself and one Naresh Jain of Dubai sent the remittance to Sh. Bimal Kumar Jain who used to distribute the money in India. He stated that he did not even know Sh. Deep Swaroop Aggarwal. He also said that Sh. Naresh Jain was his uncle, however, he has alleged that bogus export of CD roms were made by Sh. Bimal Kumar Jain against which remittance were made by Sh. Naresh Jain of Dubai. 3. The details of the allegations against the appellant are mentioned in para 10 and 11 of the Memorandum/show cause notice dated 7th May, 2002 and the same are reproduced below:- "10. AND WHEREAS summons have been issued to Shri Deept Swaroop Agarwal and Shri Devinde....

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....rtment, Sh. Bimal Kumar Jain was the main person behind the whole transaction and same impugned order date 14.11.2007 against Sh. Bimal Kumar Jain was quashed vide order dated 29.03.2009 in Appeal No. 05 of 2008 by the Predecessor Tribunal (Appellate Tribunal of Foreign Exchange) of this Tribunal. 5. The finding in the impugned order against the Appellant are that the appellant was an important link in the execution of the deal of export of CD roms and he had availed export benefits like DEPB and other incentives. Counsel argued that the said conclusions are selfcontradictory to the allegations made in the Show Cause Notice and in the Adjudicating Order. Counsel for the appellant submitted that the appellant no role whatsoever in export of....

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....ms of no value to M/s Mondial Trading which consignments were reportedly abandoned in Dubai on arrival. No doubt, the statements of Shri Rajesh Agarwal given over a period of time were inconsistent. But in such situations, the adjudicating officer has to look into other evidences/materials and also circumstantial evidences and draw his findings independently. S/Shri Rajesh Agarwal and Sulekh Chand Jain were known to Shri Bimal Jain, were his employees, it is but natural that during cross-examination proceedings they had made certain depositions in favour of Shri Bimal Jain. Further, Shri Rajesh Jain of M/s. Mondial Trading to whom the shipments of CD Roms were made was related to Shri Bimal Jain. In the circumstances and considering the mat....

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.... export documents and some alleged cheques to the CHA Devinder Lal. There is no evidence about him giving any cheque, even if such cheques were given by him, it does not constitute any offence under FERA or section 9(1)(d). 12. In the impugned order, the role of Sh. Bimal Kumar Jain has been mentioned. shown. Sh. Rajesh Jain in his statement in Para 3 deposed that Sh. Naresh Jain and Sh. Bimal Kumar Jain were his uncles and he was the one who had placed order of import of CD roms and money was distributed by Sh. Bimal Kumar Jain. He also said that, he did not know Sh. Deep Swaroop Aggarwal. Sh. Rajesh Aggarwal, owner of Sunderam Exports Pvt. Ltd. (firm which imported CD roms) said in his statement that he was only a director for namesake a....