TaxTMI 
TaxTMI 
2015 (11) TMI 756
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.... imported by the appellants but the corresponding invoices of M/s. GLR International shows many grades and higher quantity. If due weightage is given for the difference in grades and if contemporaneous prices of imports are taken, the differential duty liability in respect of 8 consignments would be only Rs. 13.40 lakhs approx. as against the confirmed duty demand of Rs. 63.53 lakhs approx. (b) Though the investigation agency had obtained information from Belgium Customs in respect of 21 export consignments, the same had not been made use of in all cases. If the values declared in the export declarations are taken as the basis, the differential value would be Rs. 2.93 crore approx. and the duty liability would be only Rs. 84 lakhs approx. ....
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....t been considered at all, thus adopted contrary stand. It is his submission that with respect of 8 consignments the export declarations were considered the same yardstick should have been adopted in respect of other 7 cases, therefore there is apparent mistake which needs to be rectified. If the said mistake is corrected, differential value would be Rs. 2.93 crores and the duty liability would come to only Rs. 84 lakhs approximately as against Rs. 1.41 crore as determined in the impugned order. He further submits that in respect of bill of entry no. 977218 dated 28/11/2006 inasmuch as quantity of 22.920 MT was taken as against actual quantity of 16.130 MT as shown in the bill of entry. Wrong exchange rate has been adopted and wrong quantity....
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.... 4. We have carefully considered the submissions made by both sides. 5. As regard submission of the applicant that the valuation as per the export declaration in respect of 8 consignments were adopted whereas 7 export consignments export declaration were not considered. On going through the relevant portion of the order, we find this issue has been recorded in this Tribunal order at para 3.4 and considering the same the detail findings was given which is reproduced below: 5.1 We have perused the computer print outs recovered from Good luck Metal Corporation, the commission agent. In respect of 13 consignments covered by 13B/ES, the actual transaction values are available purchase order/invoices wise and container wise for the supplies mad....
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....cted, it must first be tested whether confession is voluntary and trughful inculpating the accused in the commission of the crime. Confession is one of the species of admission dealt with under Section 24 to 30 of the Evidence Act and Section 164 of the Code." The Hon'ble Madras High Court in the case of Govindasamy Raghupathy[1998(98) ELT 50(Mad)] and the Hon'ble Apex Court in the case of System & Components [2004(165) ELT 136(SC)] have held that It is a basic and settled law that what is admitted need not be proved. If we apply the ratio of these decisions to the facts of the present case, the transaction values admitted in the confessional statement of the importer and the commission agent can straightway be adopted for determination o....
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....are the correct values for the transaction. Therefore, no fault can be found if the assessable value is redetermined on the basis of the values declared in the export declarations and the duty liability determined accordingly. Thus the differential duty liability of Rs. 63,53,349.87 in respect of the 8 B/Es specified in Annexure B to the show cause notice is clearly sustainable in law and we hold accordingly. From the above detail findings of order, the issue raised in para 3.4 has been dealt with in detail and came to the conclusion that wherever computer printout were available and same has been admitted the with data contained in printout was taken as correct transaction value and in whichever case such evidence were not available value....