TaxTMI 
TaxTMI 
1990 (3) TMI 226
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..../s. Viva Magnetics Ltd., Hong Kong. These goods were indented through M/s. Tisco Computer Tapes Ltd. as per their indent No. TCTP/VP/02 dated 24th March 1981 at Hong Kong $ 0.45 per piece. The L/C No. 0400681054 in respect of both the consignments was opened on 30th March, 1982 through Syndicate Bank. 3. In pursuance of information that the appellants and M/s. Marda Agents, Bombay are indulging in under-invoicing of their imports from Hong Kong, the premises belonging to the appellants and M/s. Marda Agent, residential premises of Shri O.P. Marda, office and factory premises of M/s. Tisco Tapes Pvt. Ltd. were searched and following documents were seized. (i) file marked M-8 containing the statement of accounts sent by the Shippers M/s. Vi....
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....was made at Hong Kong dollar 0.45. These goods were sold to M/s. Tisco Computer Tapes on high seas. These circumstances would show that the appellants have no intention to evade the duty. He also submitted that there is no adverse report from Hong Kong and normal procedures were followed for importing the goods. Since there is no proof of actual import the declared value should be accepted. In support of his contention he relied on Babcock Venkateshwara Hatcheries Pvt. Ltd. v. Collector of Customs, Bombay [1985 (20) E.L.T. 335]; Orient Enterprises v. Collector of Customs, Cochin - 1986 (23) E.L.T. 507]; Bird & Co. Pvt. Ltd. v. Kalyan Kumar Sen Gupta [1988 (37) E.L.T. 70]. 8. He also submitted that there is no evidence adduced by the respon....
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....of the appellants that it does not belong to them. It is also not the case of the appellants that it does not relate to imports in question. Their case is that it contains discrepancies, and therefore, it cannot be relied upon. Similarly, as regards scribbling pad recovered from the premises of the appellants they do not deny the recovery. The appellants also do not deny that it does not belong to them. On the other hand they accept ownership of the scribbling pad but submit that the price mentioned at HK $ 0.85 is that of Sony Cassettes for which they have not adduced any evidence. 14. A perusal of the statement of Shri O.P. Marda shows that he categorically explained the contents of the statement of account dated 1st January, 1981 and th....