2006 (3) TMI 155

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....ed Counsel for the appellant submitted that the Customs, Excise and Service Tax Appellate Tribunal was not right in imposing penalty for the first time without considering written submissions/defence of the appellant. He would also contend that by invoking Section 111(o) of the Customs Act, the penalty could not have been imposed upon the appellant. 3. The arguments have no merit. The Tribunal ....

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....s. H.G. Mehta & Company and M/s. Jabee & Co. for clearance of raw material imported duty free by USL and that he had directed M/s. Ashok Goods Transport to transport the raw material imported duty free by USL. He has also admitted that he had paid the Customs Duty and CHA charges from his company's account for the import by USL. He has operated the bank account of USL at Gulalwadi Branch of Bank o....

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.... in Bank of Baroda with Shri Jawar Kanungo for withdrawals or issue as required from time to time and that Shri Jawar Kanungo was depositing the money in this account. The involvement of Shri Jawahar Kanungo is further brought out from the statement of Shri N.J. D'Costa, who is an employee of Jawahar Kanungo that he used to sign the letters of USL addressed to Customs House Agent and that he had s....

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....go either by cheque/demand drafts or in cash. Furtner, Shri Ashok Kumar Doshi, Proprietor of M/s. Ashok Goods Transport has admitted that he was making available the trucks in the docks area for transporting the goods imported by USL, on the request of Shri Kanungo. We, therefore, impose a penalty of Rs. 25,00,000/- upon Shri Kanungo." 5. It is pertinent to note that in his statement, the appel....