2007 (5) TMI 529

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....of the eleven mares. The demand of duty in respect of 4 mares was held to be time-barred. Appellant also seeks interim stay of the penalty of the like amount imposed under the impugned order on the appellant-firm. In the appeal of the partner, he has challenged the imposition of the penalty of Rs. 2 lacs under Section 112(a)(b) of the said Act. 2. The Commissioner on the basis of the material on record came to a finding that the appellant-firm had misdeclared the value of the mares imported by it, with intent to evade payment of duty and that the demand was rightly made in respect of the seven mares by invoking the extended period of limitation of five years, which, however, was time-barred, being even beyond five years, in respect ....

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....he import) who was sired by Stallion Mull was valued at IRG pounds 5000 on the basis of siring charges of IRG pounds 5000, which were paid for covering Fathing who was its mother. Admittedly, this foal was deformed and, therefore, the covering was repeated on Fathing without any fresh charges and IRG Pounds 5,000 which were charged for covering her as a result of which the said deformed foal was born, were adjusted towards free covering. 3. The learned Counsel for the appellant has contended that the appellant importer was not concerned with the auction held in November 2000 at which five of these mares were purchased by some other party from whom the importer purchased them. He, therefore, submitted the prices at which the mares we....

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.... 800 for Marjin was not even 10% of its auction price. He submitted that the Commissioner had correctly worked out the value of the mares. 5. It appears from the record that there is no dispute about the fact that the "Unnamed Yearling 2003", valued by the Commissioner at IR 5,000, was a deformed foal and that since it was born deformed, Fathing who was covered by Stallion Mull of Kintyre, no charges were taken for repeating the covering of Fathing. Fathing was covered without charging anything because it appears that the earlier fee of IR pounds 5,000 was adjusted. Therefore, the same covering charges cannot be computed again in respect of the deformed foal who was born before import. It is because this foal was born deformed that ....