2017 (6) TMI 926

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oiling Machine and two set of Assembling machine from China under Bill of Entry No. 4489-87 dated 29.01.2014 through Cochin Port. The Bill of Entry was subjected to investigation by the Special Investigation Branch of the Cochin Custom House on suspicion that there was a possibility of mis-declaration of the value of the import consignment. As per the investigation appellant was examined and the statement was recorded under Section 108 of the Customs Act. After completion of investigation, a show-cause notice was issued to the Importer-Company, M/s. Pyarelal Foams Pvt. Ltd. alleging undervaluation and demanding differential duty of customs and proposing penal action vide show-cause notice dated 19.09.2014. Thereafter after due process of la....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as not involved in ordering the consignment. He further submitted that the appellant has not personally benefited from the alleged act of omission and commission. 4. On the other hand the learned AR vehemently defended the impugned order and submitted that the impugned order is perfectly valid. He further submitted that in his statement under Section 108 of the Customs Act the appellant who is a Director of the company has accepted the under-invoicing done by him. He has also stated the method of payment of duty in value to the supplier. He further submitted that once the company has admitted the undervaluation and has paid the penalty, the appellant who is the Director of the company and also looking after the affairs of the company is ....