2007 (6) TMI 365

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....dent. [Order]. - This appeal arises from the Order-in-Original No. 24/2006- Cus dated 26-10-2006 by which the CHA has been imposed penalty of Rs. 2,00,000/- under Section 112(a) of the Customs Act. In Para 15 of the impugned order, it has been recorded that the importer, M/s ZZ Trading Establishment, in his statement has implicated its Proprietor, namely Shri Rafiq Iqbal as having knowledge ....

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....fficient to impose penalty unless the CHA has gained from the transaction. He submits that Shri Rafiq Iqbal in his statement to DRI has categorically denied having admitted about the collusion with the importer. He points out that the earlier statement of Shri Fiaz Ahmed Shaik recorded on 12-3-2004 by S.I.O., DRI, wherein he categorically stated the aspects of undervaluation of imported tyre were ....

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....appellant did not have any knowledge of undervaluation.  There was no other evidence other than the answer given in Question No. 8 as recorded above to implicate the appellant. Therefore he submits that the penalty imposed on the appellant is unjustified and the same has to be set aside. 4. The learned DR submits that the appellant was aware of the value of the similar goods which wer....

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....ike fluctuating markets prices; negotiation by the party with suppliers; place and time of import and various other factors. As can be seen from the statement dated 12-3-2004 of the importer, he has categorically stated that the aspects of undervaluation of imported tyres were known only to him and his father and other partners were not aware of the aspects of undervaluation. Therefore it cannot b....