CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
Cargo Care International – Appellant
Versus
Cochin-cus – Respondent
ORDER
No.
S2/04/2005-CHA dated 5.12.2014. This prohibition was on account of alleged lapse of the appellant which led to the smuggling of 14,750 KG of Red Sander Logs that were exported by M/s.
M.M. Industries to Sharjah UAE.
On further investigations the Commissioner of Customs Cochin issued show cause notice F.No.S34/01/2015 dated 02.03.2015. And thereby an inquiry officer was appointed who after thorough investigation submitted detailed report to the Commissioner.
The Commissioner in the impugned order based on the offence report, statements, inquiry report and other investigations held that ‘there is no finding to the effect that the appellant or any of its employees had conspired in the attempted smuggling operation.’ Thus, taking a lenient view resisted from revoking the license but ordered forfeiture of security deposit of ₹25,000/-.
Aggrieved by this order the appellant is in appeal before us praying that the order needs to be set aside.
2. The learned counsel submits that the impugned order confirming forfeiture of security deposit is unreasonable, unjustifiable and unsustainable in law. It is submitted that the entire proceedings are barred by limitation. As per Regu
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