2013 (1) TMI 589

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....e Deputy Commissioner loading the import Lie by 20%. On appeal by the party, the Commissioner (Appeals) reduced the loading to 17.83% on the ground that the margin available to the appellant was only 18%. The party appealed to the Tribunal against the order of the Commissioner (Appeals) and the Tribunal vide Final Order dated 30.3.2005, set aside the loading altogether with the following findings:     "8. In summing up, we observe that :-     1. Though the appellant and the foreign supplier are related, the price of the imported goods is fixed based on market driven prices leading to the conclusion that the relationship has not influenced the price.     2. The appellants regularly import....

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.... 2.3. The show-cause notices were issued to the appellants proposing demand of differential duty by loading the value to the extent of 35.67% and proposing imposition of penalties on the appellants. Four show-cause notices were issued covering imports through different Ports and a common adjudicating authority was appointed and, accordingly, the impugned order has been passed confirming demand of duty of Rs.12.48 crores approximately along with interest and imposing penalty of equal amount under Section 114A of the Customs Act, 1962 and a penalty of Rs. 2 crores under Section 114AA of the Act Penalty of Rs. 20 lakhs each stands imposed on the other two appellants. 3.1. The learned advocate for appellant-assessee narrating the sequence....

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....e is not earning much from his new job and, therefore, it will be undue hardship, if any pre-deposit is ordered. 4. The learned Additional Commissioner (AR), reiterating the findings of the Commissioner, submits that this was a clear case of under valuation and willful suppression of relevant facts from the statutory authorities including the Tribunal. He seeks pre-deposit of the dues as per the impugned order. 5.1. We have carefully considered the submissions made by both sides and perused the records. We find that the earlier proceedings before the Assistant Commissioner / Deputy Commissioner of Customs, Commissioner (Appeals) and the Tribunal proceeded on the premise that the transaction between the appellant-company and the parent....