2016 (9) TMI 316

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....predeposit for entertaining the appeal. Petitioner had preferred an appeal before the Appellate Tribunal, in regard to claim for differential customs duty of Rs. 1,96,57,499/- and penalty of more than Rs. 1 Crore 72 lakhs. The Appellate Authority while considering the application for waiver for redeposit, observed that the Revenue has made out a strong case in favour of the demand and at least in respect of approximately Rs. 86,00,000/-, the demand is sustainable. Taking into consideration the aforesaid facts, the direction was issued to make a predeposit of Rs. 50 lakhs. 2. Learned counsel for the petitioner submits the issues pertaining to the respective contentions of the petitioner has not been considered in detail by the appellate a....

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....unt demanded in terms of the assessment made by the concerned officer. However, there is a provision which enables the appellate authority to consider an application for waiver. Perusal of Ext.P10 order would show that the appellate authority had with due application of mind and in consonance with the principles of natural justice, observed that there is a strong case made out as far as the demand for Rs. 86 lakhs is concerned. Paragraph 6 of the order, is relevant, which reads as under: "6. After considering the submissions and the impugned order and the submissions of the learned AR, we find that in respect of nine Bills of Entry, it may be said that Revenue has been able to show that the actual transaction value i.e. the payment made ....

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....topped import and export business and has no resources. We do not expect a person who has evaded tax to bring all his assets in to books of accounts in view of the fact that whatever value was paid over and above the amount declared was illegal and could not have been brought tinto account at all. In illegal transactions, the money earned is never reflected totally. Nevertheless in this case, invoice value has been under-declared and payments are in black, the profit earned within India if properly accounted increases and therefore the financial position indicated cannot be totally disbelieved. In any case when such malafide actions are undertaken, accounts are also not properly maintained and therefore the submissions with regard to financ....