1997 (12) TMI 445

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....th Section 18(1)(a) of FERA, 1973. The findings in the operative portion of the order, the following has been set out : 22. Further, export control Order 1/88-ETC, dated 30-3-1988 also specifically provides for action to be taken against goods which are not in conformity with the declaration made either in the description of value etc. (Para 13 of the order refers). Therefore, goods which are sought to be exported and which falls under the category or prohibited goods, automatically attracts the relevant provision of the Customs Act and therefore invoking the provisions of Section 113(d) of the Customs Act is very much correct and valid. 23. Though the party had admitted that there has been under-invoicing, they have not com....

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....d at FOB US $ 29,660 and US $ 24,000 respectively. He has pleaded, the authorities examined the appellant's local sale price and felt that the appellants had under-invoiced the goods and proceeded to issue the show cause notice and they invoked the provisions of law as set out above. He has pleaded that the price agreed to between M/s. Sanyo and them was in the course of international trade and they got what they could get in respect of the goods in question. He has pleaded that it was a negotiated price and there was no question of under-valuation. In any case, he pleaded, the local sale price could not have formed the basis for the charge of under-valuation. He has pleaded that the provisions of Section 14 of Customs Act, 1962 had not bee....