TaxTMI 
TaxTMI 
2007 (3) TMI 43
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....hat the appellant had undervalued the consignment of watch hand and Populated PCB in order to enhance the Customs duty to the Government. Show cause notice was issued to the appellant directing him to show cause as to why the value as declared by him should not be enhanced and differential duty be demanded from them, goods imported be not confiscated due to mis-declaration of value and consequent penalty for such violation. Appellant contested the show cause notice on the ground that the goods which were imported by him were in fact correctly declared by them as per the documents and the purchase contract entered with the supplier. Adjudicating authority did not accept the contention and enhanced the value of the imported consignment relyin....
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....lued and he submits that identical goods which were imported from the same place were valued at higher price and it is also submitted that the same goods imported by the appellant were sold by him at enormous price which indicates that the transaction value is not correct. 5. We considered the submissions made at length by both sides and perused the records. We find from the records that allegations were that the value declared by appellant for watch hands and populated PCB was found to be abnormally low as compared to market price, hence the goods were placed under seizure and appellant was directed to produce all the relevant documents for the past clearance. The allegation in the show cause notice also relies upon the evidence of contem....
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....pellant that reliance placed upon the contemporaneous import by the Revenue should have been informed to the appellant in advance and he should have been given an opportunity to meet with the charge of undervaluation. Even today, we find that the Revenue has not produced the document on which they had relied upon for enhancement of the value of the imported consignment. The Division Bench of the Tribunal in the case of M/s. Orion Systems (supra) has categorically held as under: "We have gone through the rival contentions. The Revenue is relying on the imports of similar goods in Mumbai. However, the copies of Bills of Entry are not available. The appellant contends that without giving him the copy of the Bills of entry relied on by the Rev....