2023 (5) TMI 1086

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.... for the respondent ORDER This appeal of Mr Zubair Shaikh lies against imposition of penalty of Rs. 8,00,000/- under section 112(a) of Customs Act, 1962, and of like amount under section 114AA of Customs Act, 1962, following confiscation of goods purportedly imported by him, which was upheld in order [order-in-appeal no. 1179 (CAC)/2020 (JNCH)/Appeals dated 12th October 2020]  of Commis....

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....d Prohibition of Benami Property Transactions Act, 1988 for charging the appellant with consequences that, normally, devolve on importer of offending goods. He relied upon the decision of the Tribunal in Vijaybhav v. Commissioner of Customs, Airport, Mumbai [2014 (313) ELT 506 (Tri.-Mumbai)] and in Bashayir v. Commissioner of Customs, Chennai [2006 (206) ELT 541 (Tri.-Channai)] and of the Hon'ble ....

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.... other persons involved in the impugned order had filed appeal before the first appellate authority. 5. It is on record that bill of entry had not been filed under section 46 of Customs Act, 1962 for imported of the said goods. Accordingly, scope for invoking of section 111(m) of Customs Act, 1962 for confiscation of goods arising from misdeclaration and, in the absence of documents available o....