2000 (1) TMI 778

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....on M/s. Vikas General Carbon Ltd. and Shri Tarun Chandra, Managing Director under Sec. 112 (a) of the Customs Act. 2. Brief facts of the case are that the appellants made an import of 276 kg. of plastic extruded fabricated pieces/parts for electronic typewriters and filed a bill of entry dated 24-4-89. The appellants also submitted an invoice showing invoice value of the goods as 702.10 DM and had paid customs duty accordingly. Officers of the Customs Department visited the office premises and factory premises of the appellant company and seized certain documents relating to the above mentioned import. From verification of the documents, it was revealed that the original invoice value of the goods, in question was DM 3646.60 and the....

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....(2) E.L.T. (J 159) (S.C.) = 1972 Vol.(83) ITR p. 26. He, further, submits that penalty on the M.D. is un-called for in view of the decision of the Hon'ble Supreme Court in the case of Sham Sunder v. State of Haryana reported in (1990) (67) Company Cases 169 (S.C.). He, therefore, prays that the appeals be allowed. 4. Ld. D.R., appearing on behalf of the revenue submits that the appellants are not disputing the price of the imported goods as 3646.60 DM. He submits that there is sufficient evidence on record to show that the M.D., Shri Tarun Chandra gave instructions to the supplier to show less price in the invoice. He submits that the slip recovered from the appellant's premises shows that Tarun Chandra, M.D. gave the following inst....