ADANI EXPORTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned Advocate Mr. R.M. Chhaya waives service of notice of rule on behalf of respondent no. l. Learned Advocate Mr. J.M. Malkan, Assistant Solicitor General of India waives service of notice of rule on behalf of respondent no. 2 and no. 3.

(2.) The above Special Civil Applications have been preferred mainly against the order passed by the Appellate Tribunal for Foreign Exchange dated 4th January, 2006 in Appeal No.199 of 2005, in Appeal No. 500 of 2005 and in Appeal No. 501 of 2005 whereby the application for pre-deposit of the amount of penalty in the respective appeals were dismissed (Annexure A to the memo of petition).

(3.) Learned Senior Advocate Mr. Kamal Trivedi appeared on behalf of petitioner in Special Civil Application No. 1569 of 2006 which is taken as a lead matter in the aforesaid group of petitions who has mainly submitted that on the basis of certain allegations for the breach of Customs Act, 1962 (hereinafter referred to as the Act, 1962 ), the notices were issued to certain parties including to the present petitioners mainly on the ground of certain misdeclaration as to the narration of the goods imported and for the ground of over-invoices, so far as valuation is concerned and consequentially for the misuse of the foreign exchange. The goods were imported by M/s. Vaishal Impex. The goods were of the nature of Software, Compact Disks. The L/C was opened by the petitioner of Special Civil Application No.1569 of 2006 in the proceedings under the Customs Act, 1962 . Several contentions were raised by the petitioner before the concerned officer under the Act, 1962. Thereafter, order-in-original was passed by the Commissioner of Customs and thereafter appeals were preferred by petitioners before the CESTAT, Bangalore . The Tribunal has waived deposit of the amount.