2006 (8) TMI 48

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....he imported goods under Sec. 111(m) of the Customs Act, 1962, and since the goods were not available for confiscation, imposing a penalty of Rs. 36,72,659/- under Sec. 114A in respect of goods covered by 3 Bs/E and penalty of Rs. 28,66,741/- under Sec. 112(a) in respect of the 4th consignment and imposing penalties of Rs. 10 lakhs and Rs. 5 lakhs respectively on the Director of the importer company and Shri Sandeep G. Singhvi under Sec. 112(b) of the Customs Act. He has enhanced assessable value of goods covered by Bills of Entry No. 003784, dated 20-8-97 to Rs. 32,65,071 as against the declared CIf value of Rs. 7,68,492; assessable value of goods covered by Bs/E No. 4004, dated 29-8-97 and 1423, dated 11-9-97 to Rs. 74,97,100/- as against ....

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....f value as held by the Tribunal in the case of Informatika Software v. CC(P), Kolkata [1997 (73) ECR 348], and Lord Shiva Overseas [2005 (181) E.L.T. 213] particularly on the basis of quotations/letters/price lists. No export declaration of the supplier is available with the department in respect of Maxell Brand Batteries. The loading on the basis of profoma invoice signed by Nitin and Sanghvi and issued to SANSHO, Japan cannot be relied upon as it is well-settled that value cannot be loaded on the basis of proforma invoice. The export declaration in respect of Golden Power Brand Battery Cells are unsigned photocopies and hence the persumption about their genuineness under Sec. 139 of the Customs Act is not available to the department in th....