2008 (2) TMI 164

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.... also procured from the supplier. However, the value of design, drawings and technical information was not included in the assessable value of the imported goods. The Bills of Entry covering mould inserts were filed during the period 16.10.1989 to 29.4.1991, the lone Bill of Entry covering head drills was filed on 23.11.1991 and the Bills of Entry covering injection moulds were filed during November 1993 to October 1994. After conducting investigations with regard to the valuation of the goods, the department issued a show-cause notice dated 6.5.1998 to the assessee by invoking the extended period of limitation on the ground of alleged suppression of facts. By the time however differential duty had been paid by the party during the course o....

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.... referred to a statement dated 6.9.1993 of Shri S. Rajagopal, Deputy Manager (Imports & Exports) of M/s. PRICOL, wherein he had stated that he had been attending to processing of indents, placing of orders, evolving modalities in terms of purchase in consultation with respective department etc., that as per the indent for moulds received from R&D Department, purchase orders were placed for import of the moulds, that he had suggested as to for what value and in what manner  invoices had to be raised on M/s. PRICOL by the overseas supplier, that letters of credit were opened accordingly, that as per his instructions the supplier raised separate invoice for design, drawing and technical information for a total value of Singapore $ 70,020 ....

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.... is almost soon after the imports in question. The relevant allegation in the show-cause notice is that they segregated the value of design, drawings and technical information deliberately with intent to evade payment of correct amount of duty. It was precisely this factum of segregation which was disclosed to the department by the party through Shri Rajagopal's statement. On these facts, there was no suppression whatsoever laid along with intent to evade payment of duty.  The adjudicating authority ought to have applied its mind to these facts in the context of determining as to whether the extended period of limitation was invocable against the assessee on these facts. In any case, we are satisfied that the extended period of limitat....