2016 (10) TMI 80

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of electric motors. Revenue by entertaining a view that value declared by the assessee was on the lower side, detained the consignment and made further investigation. The value so declared by the appellant was compared with NIDB data value and it was found that there was variation in respect of same. Services of one Shri Pankaj Gupta, Chartered Engineer were availed, who after physical inspection of imported goods opined that the value of 599 pieces of electric motors of assorted KW should be around Rs. 40.48 lakh. Accordingly, the consignment was seized under Panchnama dated 5.3.2009 and subsequently provisionally released. 2. Thereafter, the investigations were also carried out in respect of past clearance made by the appellant during th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....opted, he will pay the differential duty, Again, in his statement recorded on 28.7.2009, he admitted NIDB data value and agreed to pay the duty. 3. Based upon the above, the appellants were issued a show cause notice dated 8.10.2009 to propose enhancement of value in the current imported goods and also to demand duty in respect of earlier imports made by them in the past. The notice also proposed imposition of penalty. 4. Vide his impugned order Commissioner has upheld the proposal of enhancement of the assessable value as also confirmed the demand of duties in respect of previous imports made by them and further imposed penalty of Rs. 1.06 crore approx. on the importing firm and of Rs. 20 lakh on the proprietor of the importer. The goods....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he goods, quantity and quality of the imported goods. It stands contended before us that electric motors are of various types and the NIDB data pertained to import of Y series motors. The appellants contention is that electric motors imported by them were aluminum cable winding which has the shalf life of around six months whereas the data may relate to copper cable winding which has a long life of 10 years. The Revenue has not bothered to find out as to what type of electric motors were imported by the assessee. We also note that the opinion of Chartered Engineer is based upon visual examination of the motors and same do not stand open to check out the contents and to find out efficiency of the motors. Such an opinion given on the basis o....