GOPIKRISHNA LATH Vs. COMMISSIONER OF CUSTOMS, CHENNAI

JUDGEMENT

(1.) Shri Gopi Krishna Lath is before us aggrieved by the order of Tribunal confirming levy of penalty in the case on hand. The appellant was a partner in K.K. Industries for a short time according to the appeal memo and he resigned on 5-4-1994. His letter of resignation was addressed to two partners and other Institution. The appellant was engaged in export business and for the said purpose appellant imported certain Yarn by way of concession in the light of export obligations. The Intelligence gathered that K.K. Industries had obtained several advance licences from the Authority for export of fabrics/made-ups and before realisation of various parties on commission basis, gathered certain information in the matter of evasion of Customs duty in the case on hand. The Officers of the DRI Bangalore searched the premises of K.K. Industries on 7-2-1996 and gathered some incriminating document under Mahazar dated 7-2-1996. They also searched the premises of Shri Gopi Krishna Lath and Shri Kumar Pal and Shri Uttam Chand T. Shah partners of K.K. Industries. Thereafter, the proceedings were initiated in the matter of evasion of Customs duty. An adverse order was passed in the matter of customs duty and the same has been accepted and it has become final.

(2.) Thereafter, the Customs Authorities in terms of Annexure-A issued a show cause notice in the light of violations of Customs provision proposing levy of penalty on the partners. Reply was submitted and an adjudication order was passed. The Commissioner levied a penalty of Rs. 25 lakhs on each one of the partners. The same was challenged unsuccessfully before the Tribunal. The appellant is therefore before us.

(3.) Heard Shri S. Raghu learned Counsel appearing for Shri Sampath in the case on hand.