TaxTMI 
TaxTMI 
1992 (3) TMI 188
X X X X Extracts X X X X
X X X X Extracts X X X X
....er (J)]. - This is an application for waiver of pre-deposit of the penalty of Rs. 10 lakhs imposed upon the applicants herein for contravention under Section 111(d) read with clause 3 of the Import Control Order 1955 and Section 3 of the Import and Export Control Act, 1947 on the ground that second-hand machines were imported by them in the name of fictitious/non-existent firms when the law....
X X X X Extracts X X X X
X X X X Extracts X X X X
....al of the goods. Therefore, the Customs authorities should not go behind the licence and see whether it would be possible for the appellant to put to use the imported items. He further submits that the value of the goods has been wrongly arrived at Rs. 12,08,985.40 and draws our attention to the reply to the show cause notice at page 73 from which it is clear that the value of 3 consignments has b....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... activity connected with the use of the machinery was found in the premises of M/s. Minus Polycoats, 6, Community Centre, Naraina Phase-1, New Delhi. The applicant also did not respond to summons from the Directorate of Revenue Intelligence issued to the residential address furnished by the applicants and, therefore, it was evident that they were dodging the authorities. Regarding the validity of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tiate the proceedings as it is clear that the importer was aware that action was being initiated in pursuance of the Section 112(a). 4. We are of the view that the applicants have not made out a strong prima facie case on merits which will have to be gone into in detail only at the time of final hearing of the appeal. However, having regard to the fact that the value of the disputed goods appears....