2014 (11) TMI 232

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....alue on the toys imported by the appellant from China, confirmation of the duty demand accordingly and consequent imposition of penalty on the appellant and the partner of the appellant firm. Aggrieved of the same, the appellants are before us. 3. The learned Counsel for the appellants submits that in the present case, the Revenue has not conducted any investigation and loaded the value on their own. The Revenue should have conducted the investigation and ascertained the value of contemporaneous imports of identical/similar goods and thereafter, determine the duty liability. Inasmuch as the same has not been done, loading of value and consequent confirmation of duty demand along with imposition of penalty is not sustainable in law. ....

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....ports of similar/identical goods. In absence of such evidence, the appellant has failed to fulfil the onus of proof cast on him. In this regard, he relies on decision of the Larger Bench of this Tribunal in the case of M.D. International v. Commissioner of Customs, Bombay - 1996 (86) E.L.T. 293 (Tri.), wherein it was held that in case where voluntary statement was made by the appellant and issue of show cause notice was waived, there is no violation of principles of natural justice and the values admitted in the voluntary statement can be accepted for the purpose of assessment of duty. It was further held in the said case that once the importer admits the undervaluation, then burden shifts to the appellant to adduce the evidence to the cont....

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....m that the value adopted for the purpose of assessment is higher when compared to the value of contemporaneous imports. Therefore, the ratio of the said decision would not apply to facts of the present case as they are different and distinguishable. 5.3 We find that the Larger Bench's decision in the case of M.D. International (supra) relied upon by the Revenue would apply. In that case, the appellant misdeclared the value in the Bill of Entry and submitted that as against the declared value of US $ 1.5, the correct value was US $ 5 per piece and accordingly, the assessment was done. This was challenged subsequently by the appellant. In that circumstance, this Tribunal held that in the absence of any evidence to the contrary, the pr....