2011 (3) TMI 91

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.... 2. The facts brief of the case are that the appellants are engaged in the import of photographic products from Hong Kong and Russia. The appellants imported 13 consignments from Hong Kong and 5 consignments from Russia during the period from October, 1996 to June, 1998. The goods were assessed to duty and were cleared thereafter. The investigation was conducted in respect of the valuation of the goods from Hong Kong and Russia and during the investigation it was found that the appellants have undervalued the goods with intent to evade payment of duty. On 26.11.99, the statement of Shri M.L.Gupta, Managing Director was recorded under section 108 wherein he stated that the goods were undervalued. On the basis of the statement and investig....

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....Commission of India. No statement of the enquiry officer has been furnished and there is no evidence on record to show whether any investigation was conducted from the supplier of the goods. The appellants produced price list published by the manufacturers and the value of the goods were declared as per list. The appellants relied upon the decision of Hon ble Supreme Court in the case of CCE vs. South India Television (P) Ltd. reported in 2007 (214) ELT 03 (SC). The emphasis of the appellants is that before rejecting the invoice price the Customs Authorities has to give cogent reason for rejection and in the absence of import of identical goods or similar goods at a higher price at around the same time invoice price has to be accepted as th....

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....lued the goods with intent to evade payment of customs duty. The Indian High Commission received copies of invoices and customs declaration filed by the exporters at the time of export of goods to the appellants which shows higher value than the declared at time of import. This information was supplied by the Enforcement Authorities, Russia. Similarly, Hong Kong Authorities were also requested to make enquiry and the Deputy Head of Trade Licensing Investigation Bureau vide letter dated 21.04.99 informing Consulate General of India that in respect of export made to the appellant as regards payment, the exporter before each shipment received advance each deposits equal to the understated amounts and after each shipment received the balance eq....