2001 (3) TMI 118

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....missioner of Customs (in short 'the Commissioner') under the Customs Act, 1962 (in short 'the Act'), the demands raised are as follows : Show Cause Notice No. Penalty 202/9/89-Pt. II, dt. 21-9-1990 (M/s. Manoj Metals) Rs. 1,50,000/- on M/s. Manoj Metals and Rs. 15,00,000/- on Shri Rakesh Kumar Aggarwal 202/9/89-Pt. VIII, dt. 21-9-1990 (M/s. Jasoria Industries) Rs. 1,50,000/- on M/s. Jasoria Industries and Rs. 15,00,000/- on Shri Rakesh Kumar Aggarwal. 202/9/89-Pt. III, dt. 21-9-1990 (M/s. Aarkay Industries) Rs. 45,000/- on M/s. Aarkay Industries and Rs. 4,50,000/- on Shri Rakesh Kumar Aggarwal. 202/9/89-Pt. V, dt. 21-9-1990 (M/s. Aarkay Sales Corporation) Rs. 1,20,000/- on M/s. Aarkay Sales and Rs. Rs. 12,00,000/- on Shri Rakesh....

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....n and the factual position is to the contrary. Tribunal noticed that Department conducted investigation which revealed that the eight units in question, on whose behalf non-ferrous metals were procured by MMTC (canalizing agent), were located in residential areas of various villages and none of them had any water and electricity connections and the units had no manufacturing capacity. Though the petitioner disputed these conclusions by authorities, Tribunal thought that these matter can be looked into in greater detail during the hearing of the appeal. Stand of the petitioner was that in view of the orders passed by the Income-tax Settlement Commission under the Income-tax Act, 1961 there was no scope for accepting the conclusions of the Cu....