2018 (12) TMI 804
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....#39;s grievance relates to following three issues:- (i) The action of the respondents - Authorities in passing prohibitory order in relation to personal properties of the director of petitioner - company which is in the nature of residential property i.e B/4, Shreyas Apartment, 1082, Ganesh Khind Road, Pune 411 016; (ii) Freezing petitioner's six bank accounts details of which are as under:- Name of the Bank & Branch Account No. Bank of India, Fort Branch, Mumbai 030120110000150 UCO Bank, Fort Branch, Mumbai 00030210004319 ICICI Bank, Fort Branch, Mumbai 623505382349 ICICI Bank, Shivaji Nagar, Pune 624005016337 ICICI Bank, Shivaji Nagar, Pune 624001066125 ICICI Bank, Shivaji Nagar, Pune 167305000061 (iii) Retenti....
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....upees Twenty Three Crore Seven Lakhs Six Thousand Sven Hundred Eighty Four Only) of the subject 15 Shipping Bills (mentioned at Table-I above), should not be rejected under Rule 8 of the CVR, 2007, and re-determined at Rs. 32,24,286/(Rupees Thirty Two Lakhs Twenty Four Thousand Two Hundred Eighty Six Only) under Rule 6 of the CVR, 2007, in terms of value ascertained (as detailed at Annexure-B annexed hereto); (ii) The total drawback amount claimed should not be rejected and re-determined to Rs. 64,486/- (Rupees Sixty Four Thousand Four Hundred Eighty Six Only) under provisions of Section 75(2) of Customs Act, 1962, which would be eligible only after physical export of the goods; (iii) The total MEIS amount claimed should not be rejected a....
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....e MEIS amount to Rs. 64,486/- (Rupees Sixty Four Thousand Four Hundred Eighty Six Only) based on the redetermined FOB value, which would be admissible only after physical export of the goods. (iv) In order to confiscate the goods declared as 'Gas Injected CoAxial Cable', covered under the subject 15 shipping Bills, mentioned at Table-I of SCN and having declared value of Rs. 23,07,06,784/- (Rupees Twenty Three Crore Seven Lakhs Six Thousand Seven Hundred Eighty Four Only) under Section 113(i), Section 113(ii) & 113(h) of the Customs Act, 1962. This order is issued without prejudice to any other action that may be taken against the Noticeee(s) or any other person(s) concerned with the said goods under the Customs Act, 1962 or any o....
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...., as noted, upon completion of adjudication, has resulted into no money demand from the petitioner. The contention of the learned counsel for the departament that the petitioner's past exports under 53 different shipping bills are also under investigation and therefore, the attachment / seizure order must be allowed to operate, cannot be accepted. The exports were made in the year 2015. Nearly four years have been passed since then. The department has so far not produced any material prima facie suggesting that there is likelihood of demand for recovery of money from the petitioner. Learned counsel for the department also pointed out that the show-cause notice was issued without prejudice to the penal action which may be taken later on.....