2000 (6) TMI 345

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..... Kennedy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Appellants herein M/s. Line Writing Aids (P) Ltd. imported 480 cartons of plastic moulded components (Plastic Ball Pen parts) declaring the value at the rate of US $ 1.45 per kg. They sought clearance of the said goods free of duty under DEEC Scheme vide Customs Notification No. 159/90-Cus. 2. Thereafter,....

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....an appeal against the said order of the Addl. Commissioner for imposition of penalty upon the importers. Both the appeals were disposed of by the Commissioner (Appeals). The appeal filed by the appellant (importer) was rejected, but Commissioner accepted the Revenue's appeal and therefore, he imposed penalty upon the appellant under Section 112(a) of the Customs Act, 1962. The said order disposing....

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....per kg. and not per pen on the basis of retail sale price of complete ball point pen. He submits that goods had been imported under invoice raised by the foreign supplier after finalisation of the contract. The Revenue has not placed any evidence on record to show that the said invoice price was not genunine price. He submits that a certificate by the manufacturer was also produced before the auth....

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....y contemporaneous price but has calculated the price by taking altogether different products. 5. We have heard Shri J.M. Kennedy, learned JDR who reiterated the reasonings of the authorities below. 6. We agree with the submission of the learned Consultant that in the absence of any doubt about genuineness of the invoice price of the foreign supplier, it was open to the Revenue to r....