2007 (8) TMI 151

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....deposit and stay of recovery in respect of a penalty of Rs. 50,000/- imposed on them in the impugned order. After hearing both sides on the application, requirement of pre-deposit is waived and the appeal itself is taken up for disposal. 2. The facts of the case are that the appellants had imported a consignment of mulberry raw silk of Chinese origin under Bill of Entry dated 15-5-2004 and decl....

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.... the Supreme Court in the case of Gujarat Travancore Agency, Cochin v. CIT [AIR 1989 S.C. 1671] in support of the above observation. He found that in the instant case the adjudicating authority had come to the conclusion that misdeclaration of the grade was with an intention to evade anti­dumping duty. 4. The learned counsel for the appellants argues that the appellants had declared the des....

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....the said decision, the Tribunal had decided that when the importer had declared the value furnished by the supplier and the department had apprised a higher value misdeclaration under Section 111(m) could not be found and no personal penalty was called for under Section 112. A similar ratio was laid down by the Tribunal in its decision reported in 2006 (206) E.L.T. 252 (Tri.-Chennai). 5. Learne....