2002 (2) TMI 961

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.... per : Justice K.K. Usha, President]. -  This is an application for waiver of pre-deposit of the duty demanded. The applicant imported two consignments containing 20,000 meters each cloth from Korea. As per the shipping documents, these consignments were shipped by M/s. Kabul Synthetics Co. Ltd., Seoul, Korea. Under the two Bills of Entry dated 3-9-96 filed by the importer classification was....

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....hy penalty should not be imposed under Section 112 as well as Section 114A of the Customs Act. The adjudicating authority ultimately found that the flocked fabric that was imported has to be assessed @ US $ 1.9 per meter and differential duty amounting to Rs. 7,16,684/- was demanded. Proposal to impose penalty was dropped. 2. It is contended on behalf of the applicant that there was no justi....

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....ording to the learned Counsel there was no contemporary import which could be relied on for enhancing the invoice price. He submits that the quantity covered by the consignment imported by M/s. Sales Corporation, Pondichery which is relied on by the Revenue for fixing the value at US $ 1.9 is of less quantity than the consignment imported by the applicant. For the above reason alone it cannot be t....

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....ed as contemporary imports. Prima facie we are of the view that the difference in quantity is not so much that we can totally ignore the imports relied on in the show cause notice. Apart from the above, in the present case there is an additional factor that the importer was making payment to a party at Singapore and for such arrangement no justification by way of any acceptable material was given.....