ANIL JINDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was apprehended by the Special intelligence and Investigation Branch (SIIB) of the Custom Department for over-invoicing the export value and misdeclaration of the description of the items.

(2.) Brief facts for purposes of deciding this what are that petitioner and his companions declared "Brick Powder" as "Magnesite Ramming Mass" (in short MRMJ. The petitioner in connivance with others did this in order to avail higher Duty Exemption Pass Book (in short DEPB) credit. The prevalent price of most commonly used MGM was approximately Rs. 12/- per Kg. The Government of India in its Export Import Policy announced DEPB Scheme by virtue of which the exporter becomes eligible to claim credit at a specified percentage of F.O.B. value of exports made in freely convertible currency.

(3.) M/s Vikas Trading Corporation exported different consignments oh different dates to M/s Fairdeal Building Chemicals, Sharjah, U.A.E. declaring the goods as Magnesite Ramming Mass/ Magnesite Chrome Magnesia Ramming Mass under claim for the benefit of DEPB Scheme through the authorised custom house agent Mr. Deepak Sharma. Mr. Joginder Batra was the proprietor of M/s Vikas Trading Corporation.