2015 (10) TMI 763

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Mr A Gupta, Adv. Mr B Krishna Prasad, Adv For the Respondent : Mr Vikram S Nankani, Sr. Adv. Mr Alok Yadav, Adv. Mr Somnath Shukla, Adv. Mr Udit Jain, Adv. Mr Praveen Kumar, Adv. Mr. Siddharth Singla, Adv. Mr Sudarshan Singh Rawat, Adv. Mr S K Bagaria, Sr. Adv. Ms Bina Gupta, Adv. Mr Ranjit B Raut, Adv. Mr. Abhay A Jena, Adv ORDER The respondent-company herein had imported a consignment....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the respondent-company on 25.07.1998. However, nothing incriminating was recovered during that search. The Authorities also recorded the statement of one Mr. R.K . Kishorepuria, Director of the respondent-company under Section 108 of the Customs Act on the same day. Thereafter, statement of Mr. Sunil Kishorepuria, Chief Executive of the respondent-company was also recorded on 26.11.1998. Based th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Original passed by the Adjudicating Authority confirmed the demand raised in the show cause notice. The appeal thereagainst was filed by the respondent-company before the Customs, Excise & Service Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'). The Tribunal has allowed the appeal thereby quashing the Order-in-Original passed by the Commissioner. A perusal of the orde....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....erving that in the facts of this case and having regard to the opinion of the expert body disclosing that the value of USD 15 per piece was fair in the international market. The declaration of the price in the Bill of Entry was correct and it was not a case of showing excessive value. It is also observed by the Tribunal that when the goods are wholly exempt from customs duty, there could be no mot....