Top Customs Officer in dock for Rs 1.5 Crore Consultancy Charges

the Appellate Tribunal was right in holding that the second reassessment proceedings were not validly initiated and thereby quashing the reassessment proceedings-the proceedings initiated by the AO for the second time under Section 147 is barred by limitation-even the proviso to Section 147 does not come into play on the facts of the case-AIT-2010-373-HC Even if the goods belong to same entry, manufacture does take place if new identifiable/marketable goods known in market emerge due to operation conducted-the process of ironing applied to the stiched brassieres prior to their packing was a process incidental to the completion of the brassieres as a manufactured product-process of purification and filtration being incidental or ancillary to the manufacture of a marketable product, the Respondent was entitled to Modvat credit on the inputs involved-AIT-2010-370-HC Larger Bench of CESTAT rules the Tribunal has ample power to condone the delay in filing the appeal including the one filed under section 35 E (4)-AIT-2010-372-CESTAT Corruption in IRS takes its toll-Deputy Commissioner of Income Tax Dhananjay Kumar arrested by CBI in Mumbai-Joint Commissioner of Customs & Excise Hemant Kothikar also arrested by CBI FM directs expediting of Cadre Restructuring in CBDT & CBEC Tariff Value for import of Brass Scrap is 3924-Customs Non-Tariff Notification No. 78 Chief Justice of Gauhati High Court Justice Ranjan Gogoi to be Chief Justice of Punjab & Haryana High Court Anti-dumping duty on imports of Acrylic Fibre originating in, or exported from Japan and Belarus-Customs Tariff Notification No.85 Prescribing SION for new product “Propylene” under Chemical & Allied Products Group-DGFT PN 7 Inclusion of Finished Leather in the Focus Product Scheme of FTP-DGFT PN 6 Exchange Rate for imported goods is Rs 47.25 per US Dollar and Rs 60.35 per EURO-Exchange Rate for export goods is Rs 46.30 per US Dollar and Rs 58.70 per EURO-Customs Non-Tariff Notification No. 77-Click on Exchange Rate for details Anti Dumping Duty under the Notification No.15/2007 is not applicable to Spandex Yarn (Elastomeric yarn)-Customs Circular No.30 Import of goods under Notification No.13/2010 for Commonwealth Games, 2010-Customs Circular No.31 Larger Bench of CESTAT rules charges towards pre-delivery inspection and after-sale-service by dealers from buyers of the cars to be included in the assessable value of cars for payment of excise duty-AIT-2010-366-CESTAT merely because there was non accounting of goods, penalty was technical and inference of clandestine removal was not called for-AIT-2010-365-HC ITAT rules provision for doubtful debts and provision for standard debts are to be taken into consideration for computation of book profit u/s. 115JB of the IT Act-AIT-2010-361-ITAT HC rules slitting of aluminum foils into customized width, mounting the same on the printing machine and thereafter printing the necessary text thereon is covered for 80IB benefit as it falls within the ambit of the term “produce”-AIT-2010-363-HC Definitive Anti-dumping duty imposed on imports of Coumarin, originating in, or exported from China-Customs Tariff Notification No. 82 Special Bench of ITAT Ruling-where a forward contract is entered into by the assessee to sell the foreign currency at an agreed price at a future date falling beyond the last date of accounting period, the loss is incurred to the assessee on account of evaluation of the contract on the last date of the accounting period i.e. before the date of maturity of the forward contract-AIT-2010-355-ITAT-SB

JUDGMENTS

CENTRAL EXCISE

CUSTOMS

exchange rate

SERVICE TAX

INCOME TAX

VAT

FINANCE ACTS

FINANCE BILLS

EOU STPI

SEZ

DGFT

RBI

NTT

RESOURCES

Email | Print

Top Customs Officer in dock for Rs 1.5 Crore Consultancy Charges

AIT News Network

MUMBAI. Axe has finally fallen on High profile Top Customs Officer of the rank of Chief Commissioner who now faces major penalty for alleged official misconduct for cheque payments amounting to around Rs 1.5 Crore received by his alleged innocent and inexperienced son from an Industrial House while he adjudicated a case in favour of the said Industrial House.

A firm M/s Alpha Medallia Agencies Private Limited, was allegedly floated only on paper, having no books of accounts, by inexperienced 24 year old son of the Top Customs Officer merely to recover Consultancy Charges of around Rs 1.5 Crore from the Industrial Group with whom his father had official dealings during his long stint in Mumbai. The firm could not produce any evidence to prove that it had provided any Consultancy to the said Companies. The rich son had no previous experience of any business or consultancy as shown to have been provided by him.
Customs Officer did not intimate the department under conduct rules about his son getting a huge consultancy fee from Company while he was himself adjudicating the matter related to the Company. Non-intimation is contravention of of Rule 4(2)(ii) of the CCS (conduct) Rules. The Top Officer has claimed that he was not aware of the activities of his son that he was a Consultant for the Companies which had official dealings with them.
The High Profile Officer was posted in Mumbai as Commissioner of customs (Imports), for a long time during the period when M/s Alpha Medallia received consultancy fees. The Officer adjudicated a matter pertaining to the import of company manuals, containing front-end engineering packages by a Big Group.
The Customs issued a Show Cause notice for Customs duty demand and penalty of Rs 62 crore . The Customs Officer adjudicated the case and lowered Customs duty to Rs 3.36 crore and also imposed a nominal penalty of Rs 10 lakh. The Customs Department challenged the order in appeal.
Another Company by the name of Abbavardin Impex allegedly floated by the son is said to have exported diamond and jewellery etc to Gulf , Hong Kong and South Africa, Oman and Hong Kong to the tune of Crores but inquiry by investigating agency has revealed these were fictitious transactions.
Corruption at Top level is the biggest challenge being faced by the Customs Department. Several Top Officers including Chairman of CBEC were booked by CBI in the past but the things have not changed and there is no soul-searching by the Officers.
Is there any use of booking an Officer for misusing his Position when the Officer has already worked with the Government for 35 years and is going to retire in next 3 months?
Government Officers remain poor while their sons, wives and relatives become rich. When they retire; they are disowned by even their own family members. A Senior IRS Officer was recently raided by CBI in Delhi and his own son is said to be informer as the relations between son and father strained on disputes related to share of money in business run by them. An IRS is yet to recover from the jolt given by his wife who did not bother to reach court when his bail application was being heard and he was in judicial custody as she opted for Airconditioned environment of her house rather than running around in heat of the summer.But exceptions are always there. A Senior IRS posted in Kolkata was raided by CBI some time back and cash of Rs 50 Lakh was recovered from Bank Locker. His wife gave a statement before the court that she was a High Class Call Girl and the cash seized by CBI was her income earned through Profession and her innocent husband was not aware of her Profession. Innocent husband was ultimately acquitted of corruption charges as the source of seized cash was duly explained by "Professional though unfaithful" wife.

· Another IRS Officer arrested by CBI

· Income Tax Commissioner jailed for One Year RI

· CBI raids several Customs Officers for extortion and corruption

· Joint Commissioner of Central Excise awarded 3 years RI for Corruption

· Commissioner of Customs loses his shirt

· CBI raids den of corruption Nhava Sheva

· A Dozen IRS Officers resign for Packages of Rs 1 Crore