2004 (5) TMI 332

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....for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - This appeal of Shri Alok Gupta is directed against the imposition of penalty of Rs. 2,50,000/- upon him under Section 112 of the Customs Act, 1962. 2. The brief facts leading into imposition of penalty are like this. Certain imports of glassware were made in March 2001 in the name of M/s. Essem Enterprises, F-440, Kanpur, N....

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....goods he stated that under the arrangement, import invoice was to indicate only 2/3rd of the actual price and the remaining 1/3rd price was being paid in Hong Kong through his Uncle Shri Roshan Lal Gupta, who is a Hong Kong passport holder. This statement was recorded on 21-3-2001. After further inquiries, a show cause notice dated 23-10-2001 was issued proposing confiscation of goods and impositi....

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.... statement. 4.  As against the aforesaid submission on behalf of the appellant, learned SDR has pointed out that it is clear from the case records that the under invoicing of the goods was arranged by the appellant and therefore, imposition of penalty was fully justified. He maintained that the retraction of the statement has no value since the detailed facts disclosed therein would show t....

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.... valuation. This shows that the appellant is the main person behind the import and he has arranged all the details, particularly, in regard to the under invoicing of the goods, by arranging for part payment of the goods in Singapore through his Uncle. Thus, the under invoicing and payment of the differential value are appellant's arrangement. The later retraction of the statement does not appear t....