TaxTMI 
TaxTMI 
2022 (6) TMI 213
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....ad Ismail Deshmukh, Shri Dadasaheb B. Pawar and Shri Allauddin Biswas. In the present case, we are concerned with the appeal of Shri Ganesh Maharudra Desai. By the impugned order, the Commissioner (Appeals) has upheld the order of the Additional Commissioner of Customs (Preventive) by which the Additional Commissioner confiscated the tug M.T. Mansi owned by the appellant and allowed it to be redeemed on payment of redemption fine of Rs.5,00,000/-. He has also imposed a penalty of Rs.2,50,000/- under Section 112(a) and 112(b) of the Customs Act. 2.1 Acting on an intelligence, officers of Customs (Preventive) intercepted three tugs, namely M.T. Baaz, M.T. Mansi and M.T. Sarsar along with motor launch P.H.N. RC. On the said tugs, certain quan....
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....ound in it and valued at Rs 5 lakhs." 2.2 Thereafter investigation was undertaken and show cause notice was issued to the appellant along with others involved stating as follows:- "(a) The 52100 kgs (61294 K L.) HSD Valued at Rs. 13,48,468/- (at the rate of Rs 22/- per liter) from TUG MT. Baaz discussed should not be confiscated absolutely under section 111 (d) (e) (f) and (h) of Customs Act, 1962 read with the provisions of Foreign Trade Policy 2004-2009. (b) The 48310 kgs (56835 KL) HSD Valued at Rs 12,50,370/- (at the rate of Rs 22/- per liter) from TUG M.T. Mansi discussed should not be confiscated absolutely under section 111 (d) (e) (f) and (h) of Customs Act, 1962 read with the provisions of Foreign Trade Policy 2004-2009.....
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....uthorized Representative for the Revenue. 3.2 We find that undoubtedly certain quantity of smuggled HSD was found on board of M.T. Mansi. In para 54, the Additional Commissioner has recorded as follows:- "54. Mr. Ganesh Maharudra Desai is owner of the tug M.T. Lion Heart (earlier name M.T.Mansi) from where 48310 kgs was seized. He had given his tug on contract to a person whose name he gave as Shri. Sankar Mahto but he did not tell the address & contact number of said Mr. Sankar Mahato it appears that Shri Ganesh Maharudra Desai has taken fictitious name in order to cut the lead of the investigation. His tug had delivered 52100 kgs of the snuggled HSD in Indian Custom Water on 17th and 18th February. 2009 to the tug M.T.Baaz besides to t....
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....riage, concealment, storage and smuggling of the seized diesel. Accordingly, the tugs are held liable for confiscation in terms of Section 115(1)(a)and 115(2)of the Customs Act, 1962. The valuation report of M/S Esvee Associates cannot be rejected just because the advocate has submitted another valuation report by another valuer 6 months later. M/S Esvee Associates is an independent valuer." 3.4 Therefore there is no dispute to the above facts. The value of the tug was ascertained by M/s. Esvee Associates, an independent valuer, and on the basis of the valuation report, the value of tug has been ascertained for imposition of the redemption fine on the tug. Accordingly we do not find any error in the redemption fine imposed for the release ....