2006 (5) TMI 235

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....Appellant. Shri V.K. Agrawal, Advocate, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. 2. The applicant filed these applications for waiver of pre-deposit of duty and penalties. The brief facts of the case are that Shri Tejwant Singh, proprietor of M/s. Unicorn Industries made export of 26 consignments of cordless microphones. The samples were taken ....

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....edings were initiated against M/s. Unicorn Industries and also against the importers. The adjudicating authority held that the goods were overvalued and M/s. Unicorn Industries obtained the import licences by mis-representing the value of the goods exported. On the basis of this finding, the duty was demanded from M/s. Unicorn Industries penalties were imposed on proprietor Shri Tejwant Singh of M....

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....e statement of Deputy Commissioner (Export) who is in his statement admitted that the market enquiry was conducted before finalisation of the assessments. It is also submitted that the import licences were issued by DGFT and those were not yet cancelled, therefore, the demand of duty in respect of the import made under the import licences is not sustainable from M/s. Unicorn Industries. 4.&emsp....

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.... done to obtain the higher DEPB benefit. It is admitted by the Revenue that DEPB has issued the show-cause notices for cancellation of the import licences. 6. In this case the duty is demanded from M/s. Unicorn Industries on the ground that they have exported in the goods by declaring the higher value and obtained import licences under the DEPB Scheme, which were subsequently sold to other....