AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2015 (4) TMI 416
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....des, etc. from Hong Kong and China through ICD Patparganj, Delhi, ICD Tughalakabad, New Delhi, Mumbai sea Port and Kolkata Sea Port mis-declaring value and description thereof. The undervaluation made was found to be deliberate with intent to evade customs duty. 2. It was also found by investigation that Sri K.S. Sultania had also floated other firms, namely, M/s Sultania & Co., 896, Old Lajpat Rai Market, Delhi (hereinafter referred to as M/s Sultania ) in the name of his son Sunil Sultania as proprietor, M/s Pensylvania Preview International, D-125, Sangam Vihar, New Delhi (hereinafter referred to as M/s Pensylvania Preview ) in the name of his associate Sri Rana Bharat Bhusan as proprietor and M/s Wonder Trade Links, D-251, IInd Floor, ....
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..... Relevant expenditure concerning imports were met from black money. Sh. K.S. Sultania, in his statements, agreed such fact. He revealed his active involvement in controlling the above firms. Statements of the CHAs and transporters who rendered their services to Shri K.S. Sultania proved fraudulent imports made by Shri. K.S. Sultania and payment of cash to them for their services provided to him. 5. Accordingly to investigation, Diodes and Transistors imported were grossly under-valued mis-declaring description thereof. The correct transaction value (CIF) of different types of Diodes and Transistors were found to be much higher than that was declared by the above 4 (four) firms owned and controlled by Sh. K.S. Sultania as was alleged in An....
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....revalued at Rs. 4,82,14,95/-. (ii) Recovery of differential duty amounting to Rs. 1,05,69,871/- was ordered alongwith interest as mentioned in Annexure A-1 to A-5 of the show cause notice from M/s Pearl Electronics, M/s Wonder Trade Links, M/s Pensylvania Preview International & M/s Sultania & Co under Section 28(1) of the Customs Act, 1962 read with Section 28AB of the Act ibid. (iii) Imports made by M/s Perl Electronics, M/s Wonder Trade Links, M/s Pensylvania Preview International & M/s Sultania & co were confiscated re-determining value thereof as Rs. 4,82,41,950/- under Section 111(d) & 111(m) of the Customs Act, 1962 read with Section 46(1) & (4) of the Act ibid, Rule 10(3) of Customs Valuation (Determination of Price of Imported Go....
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.... No evidence exists in the hands of Revenue to make such allegation. Entire adjudication is also time barred. Neither duty nor penalty is therefore collectible. Similarly, NIDB data has no relevance to suspiciously deal the appellants. Accordingly order of adjudication is liable to be set aside. 10. Revenue on the other hand supports adjudication and says that extensive investigation revealed that K.S. Sultania was master behind entire import creating all the 3(three) dummy firms. He was ultimate beneficiary of the imports made in the name of 3 dummy firms from different ports. He was proprietor of M/s Pearl Enterprise. His hawala deal came to notice of DRI. He was circulating black money and fabricating invoices to under value the imports....
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....ered by DRI proved under valuation of goods imported and mis-declaration came to light. He had connived with the exporters and failed to adduce evidence to defend against the allegations made in Show Cause Notice. NIDB data used against the appellants brought out mis-declaration of value. Revenue also found that Shri K.S. Sultania had fabricated invoices with the abetment by exporters to cause evasion. He was involved in hawala deal. 14. K.S. Sultania being proprietor of Ms/ Pearly Electronics and other 3 firms were created by him making benamidars proprietor thereof, Revenue lifted corporate veil in para 7(Vii) of Show Cause Notice at page 17 thereof. Duty was imposed on Pearl Electronics on its own imports as well as imports made in the ....