2011 (10) TMI 424

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and consequent confirmation of duty and interest and imposition of penalties and fines on the applicants as well as individuals. 2. We have heard Shri V.S. Nankani, learned Advocate appearing for the applicants and Shri R.K. Gupta, learned SDR appearing for the Revenue. 3. In total 889 consignments of watch parts were imported by the applicants. Out of which 889 consignments, 517 consignments were imported at foreign post office, Jaipur. All the parcels were subjected to 100% examination. The same were accordingly cleared by the concerned officer. The period covered in the appeals is June, 2002 to July, 2006 and majority of the imports are from M/s. Legend Watch Manufacturers Ltd., Hong Kong. 4. It is seen that out of tot....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....im in receiving and sending emails, fax, etc." 5. Learned Advocate appearing for the applicants has strongly contested the methodology adopted by the Commissioner for confirming under- valuation against the appellants. He clarified that 60% average undervaluation arrived at by the adjudicating authority is based on the alleged evidence in respect of items which are not formed part of the serial nos. 1 and 10 of Annexure -"A". The same, if at all available is in respect of other items. The allegation is that the lowest extent of undervaluation of 21% and highest is 99% in respect of various items, the finding of the adjudicating authority by taking an average under valuation to 60% is against the settled principle of law. There is no p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aced on another letter dated 13-7-2006 written by the Association stating minimum price of any watch movement with battery as Hong Kong $ 4. The appellants have contented that watch movement imported by them were AL 35 and not AL 35 EHC, as referred in the documents relied upon by Revenue. These two models are entirely different and distinct and they have imported AL 35 @ Hong Kong $ 3.44. According to the Association letter dated 12-6-2006, the minimum value of watch movement is around Hong Kong $ 2.75. As such, the applicants imported watch movements of Model AL 35 at a higher price and further enhancement was not justified. As regards caliber PC 21S, it is seen that the same is based upon the letter of Association dated 15-5-2007 writt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l of the alleged data from the computer, wherein it is recorded that the panchas were informed that Rajkumar brought the computer to the DRI office so as to retrieve the said invoice in question. There is no independent evidence of Panchas or people seeing Rajkumar carrying computer to the office of DRI office. As such, genuineness or authenticate source of the said document is doubtful. At this prima facie stage we agree with learned Advocate. In any case, reference and reliance to the said alleged retrieval of the data from the computer without any corroborative evidence and without making any verification from the person who generated invoice may not be justifiable at this prima facie stage. 9. As regards duty demand in respect of....