Page 253 - ELT_2nd_15th April 2020_Vol 372_Part

2020 ] AMAN BADHWAR v. COMMISSIONER OF CUSTOMS, NEW DELHI 299

3. The appellant along with his elder brother, Shri Anchit Badhwar,
maternal cousin, Shri Anirudh Palta and four others, who were introduced to
him by Anirudh as S/Shri Heera Lal, Vikas and Devi Lal had gone to Hong Kong
on 19-2-2013.
4. The appellant along with others (named above), had stayed at Hotel
Ramada, at Hong Kong for 7-8 days. Tickets and hotel expenses were borne by
Shri Anirudh Palta who in turn had informed that all expenses were borne by
one Shri Neelesh Bhandari, a neighbour of Shri Bhavuk Palta in Hong Kong.
5. Shri Neelesh Bhandari had obtained copy of appellant’s passport
and accounts were opened in Hang Sang Bank and HSBC Banks at Hong Kong.
The appellant had signed on certain documents, which were retained by Shri
Nilesh Bhandari.
6. It is submitted that the appellant did not pay any amount towards
opening of bank accounts or for any other purpose. Whatever expenses were in-
curred on these matters were borne by Shri Neelesh Bhandari, and all the docu-
ments in respect of these accounts, issued by banks had been retained by Shri
Neelesh Bhandari and the appellant did not have even the numbers/identity of
these accounts.
7. The appellant’s cousin, Shri Anirudh Palta had informed that Shri
Neelesh Bhandari wanted to open bank accounts in his name. However, the ap-
pellant was not informed as to what kind of business Shri Neelesh Bhandari
wanted to run using these bank accounts.
8. The bank accounts were also opened in the name of Moral Colour
Limited. After opening the bank accounts, the appellant handed over all the doc-
uments that he had received from both the banks to Shri Nilesh Bhandari. The
appellant even did not know the bank account numbers, which he was asked to
open in the name of Moral Colour Limited. Only subsequently during the inves-
tigations by the DRI, the noticee was informed of the bank account number
opened in HSBC Bank.
9. During the appellant’s stay at Hong Kong and after his return from
Hong Kong, he did not undertake any transactions in the bank accounts opened
by him in Hong Kong. Furthermore, the appellant have no knowledge of open-
ing of any company in the name and style of M/s. Moral Colour Limited, Hong
Kong by him (appellant) during his short stay at Hong Kong. Only on 30-4-2014,
when the appellant appeared before the officers of Directorate of Revenue Intel-
ligence in compliance to summon issued to him, the appellant came to know
about the Company - M/s. Moral Colour Limited, Hong Kong, which has report-
edly exported Rough Diamonds to M/s. Jintendra Gems Pvt. Ltd., Surat, Gujarat.
It appears that on the basis of the documents, which the appellant had signed for
opening of bank accounts, Nilesh and his associates has fraudulently obtained
appellant’s signatures on some other documents also, which were subsequently
used for changing the names of Secretary and Directors of the company, in the
name and style of M/s. Moral Colour Limited, Hong Kong. Shri Nilesh and his
associates had already got the company - M/s. Moral Colour Limited, Hong
Kong registered with Central Registry, Hong Kong on 4-1-2013 with other Direc-
tors, names of whom are not known to the appellant. These original Directors
had resigned on 21-2-2013 and it appears that Nilesh and his associates had
fraudulently got signatures of the appellant on some documents which were
subsequently used to change the name of the Directors, and the appellant was
EXCISE LAW TIMES  15th April 2020  269