2001 (10) TMI 980

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..... Dalvi, Advocates, for the Appellant. Shri B.B. Sarkar, JDR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. -  These three applications relate to three appeals arising out of a single order passed by the Commissioner of Customs (Preventive), Mumbai. These are therefore disposed off vide this common order. 2. Kantawala & Sons and Dilip Chain Industries Pvt. Ltd.....

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....re confiscated under the provisions of Section 111(d) and also under Section 111(o) of the Act. Differential duty was confirmed to be paid by the two importers. Option for redemption of the machinery was given. Penalties were imposed on the present applicants as also on M/s. Inom who were indenting agents for M/s. Ombi, Italy. Except for Inom the other persons so affected by this order have filed ....

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....n demonstrated that the seven machines imported by M/s. Kantawala & Sons are prior to the date on which the stipulation was brought in. Prima facie, it appears that the demand on these machines could not sustain. 5. As regards the imports made by M/s. Dilip Chain Industries Pvt. Ltd. the import was admittedly after 1-3-1987. The finding of the learned Commissioner is that the certificate i....

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.... Shri Jain. These machines also therefore were not liable to confiscation. 6. On the point of under-valuation Shri Jain submits that the statements made by the importers do not address the issue at all. No documents have been seized from their premises suggesting undervaluation. 7. Shri Patel arguing on behalf of M/s. Amrut Corporation submitted that the documents seized from his p....