LAWS(MPH)-2019-3-146

KIRIT SHRIMANKAR Vs. COMMISSIONER OF CGST

Decided On March 27, 2019
Kirit Shrimankar Appellant
V/S
Commissioner Of Cgst Respondents

JUDGEMENT

(1.) Shri Alok Barthwal, learned counsel for the petitioner. Shri Prasanna Prasad, learned counsel for the respondent. The petitioner before this Court has filed this present petition being aggrieved by impugned order No.01/COMMR/CUS/IND/CAA/ 2018 dated 24/05/2018 passed by Commissioner, CGST and Central Excise, Indore under the provisions of Central Excise Act, 1944 and Customs Act, 1962.

(2.) The facts, as stated in the writ petition, reveals that a show cause notice-cum-demand notice was issued under the provisions of Customs Act, 1962 to the petitioner alleging that the petitioner in association with others has exported the fabrics and ready-made garments by inflating the export value so as to avail undue and otherwise inadmissible export benefits advantage. It was also alleged that said exports were made in proxy dummy i.e. Code for Inland Container Deport, Dhannad and Kheda, District Dhar. The petitioner was the actual exporter of the same.

(3.) In the show cause notice it was proposed to reject the declared FOB value of such exports and to redetermine the same and to hold the petitioner as exporter of said goods in terms of Section 2(20) of the Customs Act and to recover exports benefits i.e. duty drawback granted towards the past exports as well as to impose penalty.