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2003 (2) TMI 307

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....r per : Gowri Shankar, Member (T)]. - The appellant placed an order with System Software Associates, France S.A. for supply of software at a price of US $ 83700. The software contained in floppy discs was despatched to the appellant by courier from the supplier in United States of America. The package containing floppy discs was accompanied by invoice showing their value to be US $ 24.01. The co....

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....here was some further delay in the matter. On 27-11-1996, the appellant's representative contacted the customs officers. The department thereafter recorded the statement of the employees of the appellant and issued notice demanding duty and proposing penalty. The Commissioner has confirmed the demand for duty and imposition of penalty of Rs 1 lakh on the appellant. The appeal is against the penalt....

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.... departmental representative contends that, in his statement of 3-12-1996 A.B.S. Many, manager of the appellant stated that the Reserve Bank of India insists upon the assessed bill of entry before the remittance can be permitted. However, in the same statement Many has said that shortly after the goods were declared, the appellant's representative went to the Air Cargo Complex on 18-11-1996 and he....