Note: forwarded message attached.
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||Sat, 6 May 2006 04:48:22 -0700 (PDT)
||"Venkat Kumaraswamy" <email@example.com>
||EoU FRAUDSTER GOT UNPRECEDENTED HELP FROM MUMBAI CUSTOMS! // EoU FRAUDSTER NAILED DOWN BUT CONNIVING OFFICIALS GO SCOT-FREE
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May 6th 2006
Smt. Neerja Shah
Addl DG (VIg.)
Directorate General of Vigilance,
Customs and Central Excise
West Zonal Unit, 4th Floor,
Transport House, Poona Street, Masjid (East)
Mumbai – 40009
Phone No. (022) 22619506
Fax (022) 23703133
Sub: EoU FRAUDSTER GOT UNPRECEDENTED HELP FROM MUMBAI CUSTOMS! // EoU FRAUDSTER NAILED DOWN BUT CONNIVING OFFICIALS GO SCOT-FREE
This is bad for MUMBAI CUSTOMS !!
Please read the following articles. Which are from Taxindiaonline.
We would like to get information on this please.
EoU FRAUDSTER GOT UNPRECEDENTED HELP FROM MUMBAI CUSTOMS!
By Taxindiaonline News Service
MUMBAI, 14 JAN, 2002 : FOR EoU fraudster Taufiq Haji Gaffar who perpetrated a series of frauds on the department in connivance with officials, the facility of high seas sale came quite handy. His companies used to procure goods through this method and the sellers of imported raw materials never insisted on payments at the time of signing the agreements. Investigation suspects that they were taking the goods back to themselves after clearance and selling them further in the open market.
The funds raised through such sales were then paid through crossed cheques and cash to discounters who issued cheques and drafts in the name of importers. These cheques collected from discounters were shown by importers as the payment from buyers. The facility of accepting third party cheques was grossed abused by importers.
What facilitated them in doing such frauds smoothly was the unexceptional cooperation they received from Cooperative Banks in Mumbai and Surat. They actively supported these fraudsters in their clandestine operation, observes investigation report. More interesting is the fact that no foreign supplier was paid for such exports, and the payments were probably made through illegal channel.
Let's now see how customs handled these transactions. Once the goods were procured on high seas sale basis the customs house was generous enough to allow notings of such bills of entry brought by unauthorized persons. This was done without keeping any record of sales in the import section. They were deliberately let off to take away all records so that none could be traced. Investigation revealed that imports of one bogus EoU were sold on high seas sale basis to another bogus EoU but the customs preferred to remain casual spectator.
What further indicates towards connivance is the fact that forged procurement certificates were submitted to the EoU section in the Mumbai Customs by unauthorised persons and the procedure to receive such certificates in seal-cover was dumped in the dustbin. Worse, even the original bills of entry were not retained by the section. Even the dock staff of the customs failed to ask for the passes from those who were clearing the goods of bogus units. The goods cleared from the docks forwarded under punch seals to central excise were coolly diverted to the open markets. What helped them further was the systems of not insisting for sealed cover warehousing certificates and duplicate copies of bills of entry.
The lack of coordination between the customs and central excise authorities helped these fraudsters to go on evading duty for several years. Finally the SIIB caught these units and got the Cofeposa order issued. But then it was the Surat Police turn not to enforce the detention order against Taufiq who has after being denied relief at various High Courts got temporary relief from Delhi HC as his father is reported to be unwell. The case is scheduled to come up for hearing on Thursday and it is to be seen whether he meets his nemesis for all the wrong-doings or not!
EoU FRAUDSTER NAILED DOWN BUT CONNIVING OFFICIALS GO SCOT-FREE
By Taxindiaonline News Service
MUMBAI, 21 OCT, 2002 : NO matter how bad is our system but it does work at its own pace. And when it works no connivance and financial muscle can slow it down. This is what has happened in the case of notorious EoU fraudster Taufiq Haji Gaffar of Surat. The Mumbai-based Competent Authority has ordered forfeiture of 39 of his property worth several crores. These property are located in Surat, Rajkot and Mumbai.
Apart from residential, office and factory plot these property also include one Mercedes Benz, Santro, Maruti Zen, Ford Escorts and current bank accounts of T & T Overseas Impex, Gujarat Texspin Ltd, Zuhas International Est and Ferrari Textiles Ltd.
Since Taufiq's Cofeposa order which was issued a few months back has not been set aside by any court, the Competent Authority, Mr N Krishnamurthy, initiated this measure to prevent him from indulging in more smuggling activities. He is alleged to have evaded customs duty to the tune of Rs 28 crore by diverting duty-free imported yarn in the open market. Even his two firms _ Resham Exports and Rama Syntex _ were found to be non-existent. His modus operandi was to connive with customs and excise officials and undertake duty-free imports in the name of fake firms and sell off the goods in the open market at a premium. Though the department has taken the harshest measure against him but the conniving officials are still scot-free and seem busy conniving with future Taufiq. The Mumbai Customs Chief badly needs to look into this aspect
Before ordering the forfeiture of property the Competent Authority, Mr N Krishnamurthy had given three notices to Taufiq who is on the run ever since the Cofeposa order was issued against him. A show cause notice was noticed to him by the Authority but none responded to the notice. Even his wife was not authorised to file a petition on his behalf. Having seen that no vakalatnama was filed, the Authority went ahead with the proceedings and ordered forfeiture of about 39 property held in his name. The authority received a petition against only one bungalow which was found to be disputed.
However, even now Taufiq has a chance to move the Appellate Tribunal in Delhi which can review the order of the Authority. But will he do it when detention order is still in force?
Please provide the information as per RTI Act 2005. Email is the best wat to send information. Please send the information by email to me.
1. Who is overall Incharge of Mumbai Customs ?
2. These two artciles reflects what has happened in Taufiq's case. What actions have you taken to find and seize all the properties ?
3. With all this evidence as quoted by this news service, who did what, WHY Mumbai Customs is lagging behind in taking actions ?
4. Some one from your office is the one who nailed Taufiq ! YES or NO ? What is the status of that person now ?
5. Who all helped TAUFIQ from your office ? Can you name all of them please ? Also write what all they did? What information they gave to Taufiq?
6. Are you being presurred from any one in this TAUFIQ's case ?
Please provide answers to all of these questions as per RTI Act 2005.
If we need any more information from you we will write to you.
V. M. Kumaraswamy, MBA
This is Mr. V. M. Kumaraswamy, MBA. in business since 1971. Founder and Moderator of India's largest e-governance Yahoogroup under the title eGovINDIA. You can reach this group at http://groups.yahoo.com/group/eGovINDIA
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