Reduction of Government litigation - withdrawal of appeals by Department before CESTAT/HC
TIOL-DDT 2874
23 06 2016
Thursday
AFTER reviewing the reports of the zones, CBEC noticed that some of the zones have changed their zones' figures in respect of number of appeals identified for withdrawal before HC/CESTAT reducing the total number by around 400 Nos. The earlier reported figures were already taken up for presentation in the Chief Commissioners Conference.
So, what they told the Prime Minister were obviously wrong figures.
Board now informs the Chief Commissioners that henceforth the figures would not be changed (as on 20th June, in the chart annexed). Board also requests to file the applications for withdrawal in all such cases immediately and report the compliance to the Board by 27.06.2016 positively.
If a wrong figure had been reported, is it not supposed to be corrected? In any case no two reports match.
CBEC F.No.390/Misc./163/2010-JC., Dated:June 22, 2016
FTP - Allocation of additional quantity for export of sugar to USA
DIRECTOR General of Foreign Trade has allocated an additional quantity of 1,146 MTs (One Thousand One Hundred and Forty Six metric tons) raw cane sugar (at 98 degree pol), out of non-levy (Free Sale) quota for export under Tariff Rate Quota (TRQ) to USA for the US fiscal year 2016 (October 1, 2015 to September 30, 2016).
DGFT Public Notice No. 18 /2015-2020., Dated: June 22, 2016
CBI Officer Convicted in Customs Case
THIS has all the thrills and frills of a Tamil Movie.
The Dramatis Personae:
1. K.A.A. Salam – Accused No.1 - Deputy Superintendent of Police in Central Bureau of Investigation ('CBI');
2. G. Vinoth Kumar Gollapudi - Accused No.2, a distributor of BPL products;
3. Natha Venkata Vathsa Vardhan - Accused No.3
4. SM Sadiq Accused No.4, a businessman in Chennai Citi Centre;
5. Girish Kumar - Accused No.5, driver of Accused No.4;
6. Anburaj, Superintendent of Customs;
7. Ganapathy, Air Customs Officer (PRO).
The CBI, DSP along with A4 and A5 proceeded to Chennai Airport on 12.2.2011 to pick up A2 and A3 who were coming from USA. They purchased Visitors Pass in the airport and waited in the Visitors Area.
The CBI DSP knows Anburaj, the Customs Superintendent who was informed in advance about his visit to Airport for receiving his friends and requested him to get entry pass. Through Ganapathy, he got the pass and was taken to the Arrival Hall.
The second and third accused after landing have proceeded towards Green Channel and they have been intercepted by CBI and DRI Officials and examined their luggage and found some dutiable goods which have been seized under a Mahazar.
A case was booked alleging that:
The accused have contrived themselves so as to bring out dutiable goods from International Airport, Chennai without paying requisite duty. Under such circumstances, the accused Nos.1,4 and 5 have gone to International Airport and they have simply obtained visitors pass. But the first respondent has misused his official position and only due to his aid the accused Nos.2 and 3 have made an inert attempt to bring dutiable goods without paying proper duties. Under the said circumstances, all the accused are punishable .
The Final Report in the case noted:
Investigation further revealed that in pursuance of the criminal conspiracy, Shri K.A.A. Salam(A-1) along with Shri.S.M. Sadiq (A-4) and Shri Girish Kumar went to Anna International Airport, Chennai on the intervening night of 12/13 February, 2011. Earlier, on 12.02.2011 evening, Shri K.A.A. Salam (A-1) had telephonically contacted one Shri Anburaj, Superintendent of Customs, who was then at his home and by abusing his official position as Deputy Superintendent of Police-CBI, requested him to arrange for an Entry pass for getting entry in to the arrival hall of the Airport representing that his friends were coming from abroad. As advised by Shri Anburaj, after reaching the airport, Shri K.A.A. Salam (A-1) contacted Shri Ramprasad Reddy, in turn requested Shri Ganapathy, Air Customs Officer who was also looking after the duties of Public Relations Officer at that time, to arrange for an entry pass of Shri K.A.A.Salam(A-1).
Investigation further revealed that Shri Ganapathy arranged an entry pass accordingly in the name of Shri K.A.A. Salam(A-1). Prior to that Shri K.A.A. Salam(A-1), S.M. Sadiq (A-4) and his driver Shri Girish Kumar had purchased Rs.60/- visitors pass and entered into the visitors hall. Thereafter, leaving behind them in visitors hall, Shri K.A.A. Salam(A-1) entered into the arrival hall alongwith Shri Ganapathy by showing the Entry Pass arranged by Shri Ganapathy. Investigation also revealed that Shri K.A.A. Salam (A-1) gave a photocopy of his CBI Identity Card as the same was intended to be submitted to Airport Manager later.
Investigation further revealed that in pursuance of the aforesaid criminal conspiracy, A-1 Shri K.A.A. Salam entered into the arrival hall, went near the conveyor belt and met A2-Shri G. Vinodh Kumar Gollapudi and A3-Shri Natha Venkata Vathsa Vardhan, collected their baggage from the conveyor belt, all the three viz., A1-Shri K.A.A.Salam, A2-Shri G. Vinodh Kumar Gollapudi and A3-Shri Natha Venkata Vathsa Vardhan proceeded towards Green Channel where they were intercepted by a Joint Surprise Check (JSC) team which consisted of officials of CBI and DRI, Chennai.
The accused tried to get the case discharged , but failed in the High Court.
On 21.6.2016, the Special Judge for CBI cases convicted the first three accused.
1. A1 (CBI DSP) is convicted for the offence u/s 120-B IPC r/w Sec. 13(2) r/w 13(1) (d) of P.C.Act 1988 and u/s 13(2) r/w 13(1) (d) of P.C.Act, 1988 and he is sentenced to undergo Rigorous Imprisonment for Two years for each offence and also to pay a fine of Rs.10,000/- for each offence, i/d to undergo Simple Imprisonment for three months each.
2. A2 and A3 are convicted for the offence u/s 120-B IPC r/w Sec. 13(2) r/w 13(1) (d) of P.C.Act 1988 and are sentenced to undergo Rigorous Imprisonment for Two years and also to pay a fine of Rs.10,000/- each, i/d to undergo Simple Imprisonment for three months.
The value of goods sought to be cleared without duty in this case was less than Rs. 10 lakhs and three people including a CBI DSP are in jail for that. Sometimes the long arm of the Law does catch up!
Until Tomorrow with more DDT
Have a nice day.
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