2023 (9) TMI 194

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espectively imposed under section 112 of Customs Act, 1962 in order [order-in-original No: 128/2005/CAC/C(I)/AKP dated 30th November 2005] of Commissioner of Customs (Import), Mumbai-I which, while confiscating the goods under section 111(o) of Customs Act, 1962, had invoked section 28 of Customs Act, 1962 for recovery of duty foregone by recourse to notification no. 84/97-Cus dated 11th November 1997 on imports effected, vide bills of entry no. 480059/22.07.2004 and no. 931881/26.07.2004 filed by M/s Uhde India Ltd, for execution of project of M/s Rashtriya Chemicals & Fertilizers Ltd. The principal plea of the appellants is that the Tribunal had, in appeal of both M/s Rashtriya Chemicals & Fertilizers Ltd and M/s ICICI Bank Ltd, held that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hile granting relief, the confiscation had been upheld and hence recourse to section 112 of Customs Act, 1962 is within the law; nonetheless, considering the facts and circumstances, the redemption fine under section 125 of Customs Act, 1962 was reduced to 'zero' and penalties set aside. However, as far as the present appellants are concerned, it was held that '4.44 Certain officers of Appellant 1 and Appellant 2 and the officers of Department of Economic Affairs have been charged for getting forged signatures on the Project Implementation Authority Certificate. Our order in respect of the Appellant 1 and Appellant 2, should not be treated as giving relief to them in their appeals, which as stated earlier were delinked from these appeals.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....there is always a human face behind the corporate veil who is equally responsible- In this case the two human faces of M/s ICICI Bank are Mr Anand T Kusre, Gen Manager-in-charge Technology Group and Mr Zarasp Irani, Manager. Shri Anand T Kusre was the person who forwarded the two certificates signed by their Executive Director, to the MOF under the cover of his letter dated 11.6.2004. This letter dated 11.6.2004 is one of the relied upon documents in the instant SCN. Instead of sending these letters directly to the MOF through post/courier he chose to forward it through a representative of RCF. He was aware that the Under Secretary(ADB), MOF, had informed him vide letter dated 5.7.2004 that MOF was not the appropriate LINE Ministry. Even th....