ORDER: [PER SHRI ASHOK JINDAL]

The Revenue is in appeal against the impugned order.

2. The facts of the case are that intelligence was developed by the officers of the Directorate of Revenue Intelligence (DRI), Kolkata Zonal Unit to the effect that M/s. Jelenta Polytraders Pvt. Ltd., Kolkata, West Bengal (hereinafter referred to as "JPPL") had undertaken duty-free imports of goods such as High Density Polyethylene (HDPE), PVC Resin, LLDPE Granules, Polypropylene, LDPE etc. under the Advance Authorization (AA) and Duty Free Import Authorization (DFIA) Schemes through Kolkata Port.

2.1. It appeared to the Revenue that M/s. Kalpena Industries Ltd. (hereinafter referred to as "KIL"), the promoting company, had been shown as the supporting manufacturer and that high sea sale agreements had been entered into between JPPL and KIL in respect of the imported goods. It further appeared to the Revenue that the export obligations under the aforesaid schemes had been shown to have been fulfilled through supplies made to M/s. Tara Holding Pvt. Ltd. (hereinafter referred to as "THPL"), a 100% EOU, stated to be under the control of KIL.

3. Pursuant thereto, investigation was initiated by DRI, Kolk