2001 (3) TMI 750

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....oner with regard to imported goods, viz., Nylon and PVC coated fabrics imported under the Bill of Entry was not taken into consideration. Although they had waived the personal hearing and the show cause notice yet they had not accepted the charge of misdeclaration or under valuation. They had pointed out in their reply dated 7-10-2000 that their purchase was on the basis of large quantities and on the basis of a negotiated price and they had negotiated for price for almost 5 containers of goods and their price was US $ 0.40 per metre as the correct price and the transaction value of their import. They had also relied upon in this context the Hon'ble Supreme Court judgment in the case of Mirah Exports Pvt. Ltd. v. C.C., reported in 1998 (98)....

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....d DR opposes the plea and submits that the stay application is infructuous as the question of pre-deposit does not arise in this case as the goods have not been cleared. He contends that appellants themselves had waived the show cause notice and the personal hearing and prayed for leniency in the matter. At this stage they cannot make grievance of violation of the principles of natural justice. He submits that the appellants should have chosen to appear before the Commissioner. They themselves have given up their right of show cause notice and personal hearing. They cannot make a grievance now about the matter. He submits that no case has been made out for early hearing of the matter or for reconsidering the question of valuation adopted by....