TaxTMI 
TaxTMI 
2002 (3) TMI 335
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....s 138/2001 to 157/2001 all dated 4-12-2001 (in all 20 applications). 2. M/s. Mannu Export House, a partnership firm and 3 of its partners have also filed Application Numbers 158/2001 to 177/2001 all dated 4-12-2001 (in all 20 applications). 3. M/s. Jain Engineering Company, a partnership firm and 3 of its partners have also filed Application Numbers 178/2001 to 185/2001 all dated 4-12-2001 (total 8 applications). 4. All the applicants in the aforesaid applications are partnership firms belonging to one family. S/Shri Sital Prasad Jain, Virender Kumar Jain, Devender Kumar Jain and Ravinder Kumar Jain are partners in M/s. Mannu Export House and M/s. Jain Engineering Company whereas S/Shri Sital Prasad Jain, Devender Ku....
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....ve been filing documents for clearances thereof from time to time. They have been declaring the assessable value of the goods imported by them and producing invoices of the concerned supplier along with packing list, price list and catalogues. The Customs authorities in relation to a Bill of Entry No. 514927, dated 24-2-1997 filed by M/s. Munnu Export House at the Air Cargo Unit, New Delhi for clearance of tractor parts, namely, Piston Rings Sets and Piston Assembly Sets doubted the declared assessable value and initiated inquiries. The inquiries conducted in this case revealed that the importer had been producing different invoices declaring much lower assessable values and had been suppressing the invoices containing the correct values. I....
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.... demanded in the show cause notices listed in Annexure 'A' to this order and also accepted that they have misdeclared the value of the goods while effecting the imports. 8. The applications were heard for Admission on 7-2-2002. 9. The Advocate for the applicants stated that he is admitting the entire duty liability. He requested that Rs. 5,00,000/- already recovered by the department through encashing the bank guarantee may be adjusted against their liability. He, therefore, requested that their applications may be admitted. 10. The representative of the Revenue stated that as the Applicants are admitting entire duty liability as raised in the show cause notice, the only issue left to consider is whether the invoices....
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....is concerned, we find that the Applicants have satisfied the requirement of Section 127B read with Section 127C(1). We have also perused the report submitted by the Jurisdictional Commissioner under Section 127C(1), which does not contain any objection to the admission of the applications. We accordingly allow the applications to be proceeded with under Section 120C(1) of the Act. The Applicants are directed to deposit the duty amount payable by them as per show cause notices within 30 days of the receipt of this order. It has been stated on behalf of the Applicants that the Customs Authorities had encashed bank guarantees of an amount of Rs. 5,00,000/- and this amount which is already encashed by the department should be ordered to be adju....
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....se for the said Bill of Entry. This show cause notice, so far as it relates to the imports of M/s. Munnu Export House, is covered by application numbers 158/2001 to 161/2001 all dated 4-12-2001. In view of the above we do not see any reason to change our order as pronounced in the Court. Attention of all concerned is drawn to sub-section (2) and sub-section (3) of Section 127F of the Act. Annexure - A to Order No. A-51/Cus./2002, dated 13-3-2002 Sl.No. Name of the Applicant Application No. SCN No./Date Amount of duty involved in SCN Bill of Entry No. & Date 1. M/s. International Auto Suppliers & 3 others 138 to 141/2001, dt. 4-12-2001 SIIB/Cus./43/97/10064-68, dt. 11-10-2000 12,11,067 No. 924635, dt....