2018 (9) TMI 512

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....abhan 1. The present appeal is against the Order-in-Appeal No. 448/2017-18 dated 29/12/2017. 2. Vide the impugned order, the penalty imposed on the appellant i.e. Shri Sanjay Kundra has been reduced from Rs. 10 Lakh, imposed by the original adjudicating authority, to Rs. 5 Lakh. The appellant was allegedly involved in the export of sub-standard garments, with inflated FOB values, with the in....

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....acted as the freight forwarder and as per the statement recorded from him, was involved in typing out the export invoices on the basis of details given to him in the form of handwritten note from Shri Kirit Shrimankar. The export consignment was confiscated by the lower Authorities and penalties were imposed on all connected persons including Shri Sanjay Kundra. The present appeal has been filed c....

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....about the over-valuation and should not be penalized unreasonably. 4. The Ld. DR justified the penalty imposed on the appellant. He laid emphasis on Para 7.1 and 7.2 of the impugned order in which the Commissioner (Appeals) has held that the role played by the appellant clearly indicates that he was involved in the fraudulent transactions. He particularly emphasized the fact that the appellant ....

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....2/2013, Shri Kundra acted as the freight forwarder, based in Indore. He has prepared the relevant export invoices on the computer, on the basis of the details given to him by Shri Kirit Shrimankar, the alleged master mind in the export fraud. From the record there is nothing to suggest that the appellant was aware of the over- valuation of the goods, with the intention of claiming fraudulent drawb....