TaxTMI 
TaxTMI 
2022 (5) TMI 1320
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....nalty of 25,00,000/- (Rupees Twenty Five Lakhs Only) on M/s Reliance ADAG under Section 112(a) of the Customs Act, 1962. (c) I impose a penalty of Rs 5,00,000/- (Rupees Five Lakhs Only) on M/s Marine Solutions under Section 112(a) and of 5,00,000/- (Rupees Five Lakhs Only) under Section 114AA of the Customs Act, 1962. (d) | impose a penalty of Rs 5,00,000/- (Rupees Five Lakhs Only) on Shri Gautama Dutta, Director, M/s Marine Solutions, under Section 112(a) and of Rs 5,00,000/- (Rupees Five Lakh Only)under Section 114AA of the Customs Act, 1962. (e) I impose a penalty of Rs 5,00,000/- (Rupees Five Lakhs Only) on M/s Assar Lines under Section 112(a) and of Rs 5,00,000/- (Rupees Five Lakhs Only) under Section 114AA of the Customs Act, 1962. (f) I impose a penalty of 5,00,000/- (Rupees Five Lakhs Only) on Shri Sohel Kazani, Partner, M/s Assar Lines and Director, M/s Interport Impex Pvt Ltd. under Section 112(a) and of 5,00,000/- (Rupees Five Lakhs Only) under Section 114AA of the Customs Act, 1962. (g) I impose a penalty of 5,00,000/- (Rupees Five Lakhs Only) on M/s Interport Impex Pvt Ltd. CHA No. 11/589 under Section 112(a) and of 5,00,000....
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....GM for the same yacht being filed raised the suspicion of foul play resulting in the evasion of customs duty, 2.8 Yacht was detained vide Detention Memo dated 12.02.2009. A panchnama was also drawn which revealed that the said yacht was in fact a brand-new yacht and not a used one, as declared in the IGM. Subsequently it was seized vide Seizure Memo dated 26.02.2009 under the reasonable belief that the same was liable for confiscation under the provisions of the Customs Act, 1962. 2.9 The matter was agitated before the Hon'ble Bombay High Court for release of the yacht in question but, however, the writ petition was withdrawn and upon execution of an undertaking and an additional payment of Rs.3 crores towards duty, the yacht was ordered to be released provisionally. 2.10 Investigations were further undertaken and the statements of the concerned persons were recorded. 2.11 A show cause notice dated 24.03.2011 was issued to the all concerned with the import of yacht, discussing the role of each, proposing confiscation of yacht, demanding the duty evaded and for imposition of penalties on the concerned, for the violations committed. 2.12 However, the main person involv....
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....licant as well as the co-applicants in excess of the aforesaid amounts. The Bench grants immunity to Shri Anil Dhirubhai Ambani (Coapplicant) and Mrs. Tina Anil Ambani from penalty as there is no evidence on record to show their complicit in the evasion of customs duty in this case. The applicant had already paid an amount of 28 crores. The settled amount of the additional Customs duty liability as well as interest shall be appropriated from the said amount and from the Bank Guarantee (if required) and the balance amount, if any, shall be refunded to the applicant Prosecution: Subject to the payment of the aforementioned amounts within the stipulated period, the Bench grants immunity from prosecution to the applicant as well as the co applicants under the Customs Act, 1962 in so far as this case is concerned. 19. The above immunities are granted under sub-section (1) of Section 127 H of the Act. Attention of the applicant is also invited to the provisions of sub section (2) and (3) of Section 127 H ibid. 20. This order of settlement shall be void in terms of sub-section (9) of Section 127C of the Act, if the Settlement Commission subsequ....
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....ods, etc. - Any person, - (a) who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under section 111, or abets the doing or omission of such an act, or" "SECTION [114AA. Penalty for use of false and incorrect material. - If a person knowingly or intentionally makes, signs or uses, or causes to be made, signed or used, any declaration, statement or document which is false or incorrect in any material particular, in the transaction of any business for the purposes of this Act, shall be liable to a penalty not exceeding five times the value of goods.]" 4.4 Ld. Counsel for the appellants urged various grounds and also took common stand that in the light of the settlement by the Settlement Commission, the allegations made against the appellants would not survive and in this regard, they relied on the following judgements: • Modest Shipping (Agency) Pvt. Ltd. v. Chief Commissioner of Customs, Bombay [2004 (167) ELT 25 (Bom) • S.K. Colombowala vs. CC (Import), Mumbai [2007 (220) ELT 492 (Tri-Mumbai)] 4.5 We find from the final order of the Settlement Commis....