TaxTMI 
TaxTMI 
2017 (10) TMI 1134
X X X X Extracts X X X X
X X X X Extracts X X X X
....hanlal Shah [hereinafter referred to as Shri BMS ] of Mumbai, an Indenting agent, allegedly helped M/s. EIPL in ascertaining the prices for the goods and getting the quotations from the suppliers for which he gets 1% Sales Commission. During the period of March 2001, certain investigations were taken-up against the above said Indenting agent, including his office premises. The documents that were recovered mentioned the name of M/s. EIPL. It was alleged that the documents recovered from the agent show the actual sales prices, vis-a-vis., the prices shown in the invoice given for the Customs purpose and the difference. Investigating authorities recorded statements from the Managing Director of M/s. EIPL and in connection with the consignment....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of Rs. 1,00,000/- on M/s.EIPL and Rs. 1,00,000/- on Shri MKPP. Accordingly, M/s.EIPL and Shri MKKP have filed appeal nos. C/00144/2008 & C/00145/2008 respectively before this forum. 2. On 10.08.2017, when the matter came up for hearing, on behalf of appellant, learned adv. Shri. S. Murugappan made oral and written submissions, which can be summarised as under: - (i) The details recovered from the Indenting agent at Mumbai all relate only to quotations in the form of fax messages or entries in registers. The Indenting agent is not aware of the actual sales contract details and also payment details subsequent to the providing of the quotation. It is mostly the case that the negotiated price which is the transaction price is lower ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....alue. (iv) Assuming but not admitting that the value has to be enhanced, it can be enhanced so only for the one consignment, which is referred to at page no.4 of the impugned order, under Bill of Entry No.304848, dated 07.12.2000. Based on this fax message, there is no basis, whatsoever, to conclude that the price in respect of other 22 consignments imported right from Oct. 99 also is the same. The respondent has made a presumption that for nearly 1= years starting from Oct. 99 the prices of camphor was the same without any fluctuation. (v) With regard to the recovery of cash of Rs. 1.02 crores from Shri BMS separate proceedings were initiated by Custom House, Mumbai and in this matter in terms of Final Order. CAO No.12/20....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tice indicates that the impugned edifice of the proposal to enhance the declared import values is the fax message seized from residential premises of Shri MKPP. From these messages, it was observed that one consignment of Camphor reflected in the said fax message was cleared through Chennai Port. The details of which are as under:- Sl. No. Description B/E No. & date Exp. Ref. Rates Declared (US$/MT) Actual Rate @ (US$/MT) (1) (2) (3) (4) (5) (6) 01 Camphor 304848/ 07.12.2000 EXP/2538 1150 1350 7. Taking the apparent under-valuation noticed in this particular import, as a benchmark, of the 23 consignments of Camphor imported through Chennai Port, where import prices had been declared r....