2006 (12) TMI 159

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....171 of 2005 is filed by the revenue to challenge the order passed by the Settlement Commission dated 9th November, 2005 whereas Writ Petition No. 8622 of 2005 is filed by Shri Manish Kalvadiya seeking enforcement of the order of the Settlement Commission dated 9-11-2005. 4. The facts relevant for the disposal of these two petitions are that by a show cause notice dated 17th October, 2003 the Joint Commissioner of Customs Air Intelligence Unit, Mumbai directed Manish Kalvadiya, Bharat Bodra, Girish Bodra, Mahesh Savani and M/s. I.P. Patel and Co. to show cause as to why 5877 carats of cut and polished diamonds valued at Rs. 2,79,61,710/ seized from Manish Kalvadiya  and  34147.66 carats of cut and polished diamonds valued at Rs. 3....

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....his depositing the admitted duty liability of Rs. 83,11,742/ and also executing a bond covering the value of the goods with bank guarantee for Rs. 25,00,000/. The Settlement Commission further held that the above order passed in the case of Manish Kalvadiya will apply to the case of M/s. I.P. Patel & Co. because the show cause notice was a composite one and that the reliefs granted to Manish Kalvadiya will apply to M/s. I.P. Patel & Co. as a co-noticee. This order of the Settlement Commission is challenged by the Revenue. 8. Mr. Jetly, learned counsel appearing on behalf of the revenue in Writ Petition No. 9171 of 2005 submitted twofold arguments. Firstly, he submitted that in the absence of filing of bill of entry as contemplated under th....

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....ontend that the Settlement Commission was in error in entertaining the  application filed by Manish Kalvadiya. Accordingly, the first argument of Mr. Jetly is liable to be rejected. 10. As regards the second argument of Mr. Jetly, on perusal of the show cause notice, it is seen that there were two issues (one) relating to confiscation of 5877 carats of cut and polished diamonds seized from Manish Kalvadiya and (two) confiscation of 34147.66 carats of cut and polished diamond seized from the office premises of M/s. I.P. Patel & Co. Admittedly, said Manish Kalvadiya and M/s. I.P. Patel have filed independent applications before the Settlement Commission. It is pertinent to note that in the application filed by M/s. I.P. Patel & Co., rel....