PRACHI SILKS Vs. COMMISSIONER OF CUSTOMS, CHENNAI-I

JUDGEMENT

(1.) These appeals are filed by assessees under Section 130-A of the Customs Act, 1962, questioning the correctness of a common order passed by the Customs, Excise and Service Tax Appellate Tribunal, directing the appellants to make a deposit of an amount almost equivalent to or little more than the duty demanded, as a condition precedent for entertaining their appeals.

(2.) Heard Mr.V.T.Gopalan, learned Senior Counsel appearing for the appellants and Mr.V.Sundareswaran, learned Senior Panel Counsel appearing for the first respondent.

(3.) It appears that in the course of an investigation, it was found out that imports of mulberry raw silk/silk yarn of 27,020.93 Kgs valued at Rs.3,36,10,640/- were made duty free, using three advance authorisations of one M/s.Kalp Impex of Surat by one Ramanand Surekha, owner of Goyal Enterprises of Bangalore. It was claimed that by diverting the goods to Bangalore without being transported to Surat, the Customs was defrauded. Therefore, the entire quantity of mulberry raw silk/silk yarn imported under nine Bills of Entry were confiscated. A redemption fine of Rs.67 lakhs was imposed under Section 125 of the Customs Act, 1962. Customs duty of more than Rs.1 Crore was imposed enforcing the bond executed for imort of goods duty free. Penalties were also levied upon seven persons under Section 112(a) or 112(b) of the Customs Act, 1962.