IMTIYAZ AHMED Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE appellant is seeking waiver of pre -deposit of penalty of Rs. 2 crores and stay against recovery of the same during pendency of the appeal. The brief facts of the case are as under:

(2.) LEARNED counsel on behalf of the appellant submitted that in this case in respect of all the exports, the payment has been received and Bank realisation certificates have been produced; Shri Imtiaz Ahmed was residing abroad and therefore, no penalty could have been levied on him; except statement of the exporter, there is no other evidence connecting Shri Imtiaz Ahmed to the exports; there was no role played by the appellant in respect of the exported goods; the letter written by the appellant during the course of investigation was not considered; the goods had been cleared by Customs officers after examination and therefore, the same could not have been re -opened; appellant has nothing to do with M/s. S.L.N. Overseas Traders in the matter of exports.

(3.) WE have considered the submissions made by both the sides. At this stage, in view of the following evidence and facts presented before us, we consider that the appellant has not been able to make out a prima facie case in his favour about his involvement with undervaluation of exported goods -