- (1.) In C.A. Nos. 2620-2622/2004 One M/s. Yash Export had exported consignment of PVC soles and the valuation which was entered and declared for export of the aforesaid consignment was grossly over invoiced. It was found that though the said PVC soles were purchased from Agra at Rs. 6.25 per pair, they were misdeclared and value as shown in the invoices at Rs. 380 per pair. It was all done fraudulently to avail DEPB credit to the tune of Rs. 24,12,114/-. When the aforesaid facts came to the notice of the Appellant/Custom Authorities, a show cause notice dated 10.3.2000 was issued Under Section 124 of the Customs Act, 1962, for confiscation of the aforesaid goods Under Section 113(d) of the Customs Act, 1962.
(2.) Insofar as these three Respondents are concerned, they were also roped in with the allegations that they had colluded with M/s. Yash Export in mentioning the inflicted figure in the invoices. Order-in-Original dated 29.4.2002 was passed, after completing the required formalities confiscating the goods Under Section 113(d) of the Act. At the same time option was given to the exporters to seek release of those goods on payment of fine of Rs. 2,50,000/- in lieu of confiscation.
(3.) In the Order-in-Original passed by the Commissioner, penalties on the three Respondents to the tune of Rs. 25,000/-, Rs. 50,000/- and Rs. 25,000/- respectively were also imposed. Insofar as Respondent No. 1 Sh. G.P. Jaiswal is concerned, he was del-credere agent in this case. Respondent No. 2 Rakesh Mishra was person who had looked after the container ICD, Varanasi, and received payment of service rendered on behalf of one Mr. Sudhir Malik. Respondent No. 3-Rakesh Srivastava was working as Superintendent of ICD, Varanasi.;