1994 (8) TMI 38

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n order dated 12th July, 1994 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, and an order dated 8th August, 1990, passed by the Additional Collector of Customs and Excise, Varanasi. 2. I have heard the learned counsel for the petitioner and Shri Sushil Harkauli, the learned Standing Counsel for the respondents. 3. The petitioner is a manufacturer of biris whi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l Collector for readjudication. Thereafter, an order dated 8th August, 1990, was passed, imposing a penalty of Rs. 1,000/- and confirming the demand of Rs. 27,099/-. The petitioner again preferred an appeal to the aforesaid Tribunal which was dismissed by an order dated 31st January, 1994. An application for rectification of the said order was moved which too was rejected by order dated 12th July,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ings started on the basis of a notice that was issued by a competent person and it is immaterial who by virtue of subsequent amendments concludes the proceedings. This argument, therefore, is rejected. 6. The next contention was that in this case, evidence of parties located at Jagadhari and of the bank and the railway authorities has been gathered at the back of the petitioner and he was not a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ch account was operated by the petitioner Shyam Lal and his brother Ram Ji. The petitioner did not dispute the receipt of bank drafts from Jagadhari/Yamuna Nagar, The learned counsel merely contended that mere receipt of bank drafts did not mean that they were in respect of the goods sold. The petitioner did not disclose on what account he received the bank drafts etc. This was a matter exclusivel....