SANJEEV WOOLLEN MILLS Vs. CC

JUDGEMENT

(1.) The captioned 11 stay petitions have been filed by M/s Sanjeev Woollen Mills and others praying for waiver of pre -deposit of duty and penalty.

(2.) The facts briefly stated are that three consignments were received between 1989 and 1991. Bills of entry were presented for clearance of the consignment. The goods were declared as synthetic waste (soft quality) with predominance of acrylic fibre. Examination of the goods was conducted. Samples were drawn for test. Test result indicated that the description of the goods was not correctly given. Since the goods on test were found to be different from the declaration about the description of the goods, therefore, it was also alleged that there was under -valuation. The goods were however provisionally released under a bond and bank guarantee. The cases were adjudicated. The Commissioner in the case of bill of entry No. 110713 dated 19.1.90 held the goods were liable to confiscation. He confirmed the demand of duty of Rs. 53,39,836.59 and imposed penalty of Rs. 15 lakhs on M/s Sanjeev Woollen Mills and a penalty of Rs. 1 lakh each on S/Shri S.P. Goyal, H.L. Goyal, Sanjeev Goyal and R.K. Goyal Partners in the firm. In this case the appellants have given a bank guarantee of Rs. 22 lakhs and executed bond of Rs. 1 crore.

(3.) In the case of bill of entry No. 110537 dated 29.12.89, the adjudicating authority confiscated the goods allowed them to be redeemed on payment of fine of Rs. 1 lakh and confirmed a duty demand of Rs. 9,40,391.25 and imposed a penalty of Rs. 5 lakh on M/s Sanjeev Woollen Mills and penalty of Rs. 50,000 on each of the Partners. The Partners in M/s Sanjeev Woollen Mills were S/Shri S.P. Goyal, H.L. Goyal, Sanjeev Goyal and R.K. Goyal.