2017 (4) TMI 82

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....jape, Advocate for the respondent Per: C J Mathew: Revenue is in appeal against order-in-original no.Commr/MCT/Adjn/15/04 dated 25^th June 2004 of Commissioner of Customs, Chhatrapati Shivaji International Airport, Mumbai which dropped proceedings initiated against M/s Ultra Tek Devices Ltd. 2. M/s Ultra Tek Devices Ltd, a unit established within the then Santacruz Electronics Export Proc....

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....y of Rs. 2,57,24,946/- on goods valued at Rs. 2,82,17,318/- was proposed to be recovered under section 28 of Customs Act, 1962, along with proposal to impose penalties under section 112 and 114A of Customs Act, 1962. 3. The impugned order, going by the sheet data and statements inducing otherwise has faulted the contention that shortage of stock stood admitted by the unit. The data sheet submit....

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....n'ble Supreme Court in Commissioner of Customs, Mumbai v. M/s BV Jewels [2004 (172) ELT 3 (SC)] which upheld recovery based on accounting discrepancy which had been accepted by the assessee. 5. Heard Learned Authorized Representative and Learned Counsel for respondents. 6. We take note of the elaborate computations in the show cause notice based on the data submitted by the unit. We also....

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....ck of analysis of the data so collated in the grounds of appeal. Such a sketchy narration in the grounds of appeal does not provide any support whatsoever to the prayer for setting aside the impugned order. 8. In such a perfunctory exercise, we find no justifiable cause to hold the findings in the impugned order to be unsustainable. 9. A number of decisions justifying the lacunae pointed out....