2018 (5) TMI 476

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....f Act, 1985. The officers of the Anti Evasion Wing, visited the respondent's premises on 9.12.2005. On scrutiny it was found that the respondent supplying chemicals to their major customers M/s. Lupin Ltd., M/s. Unimark Remedies Ltd. and M/s. Ranbaxy Laboratories Ltd. The respondent were also exporting more than 50% of their production directly or through their buyers as deemed export. In some cases the respondent procured raw materials without payment of duty under Advance License Scheme and sometimes on payment of appropriate duty of customs. It was further observed that the respondent has procured the raw material namely Phenol & Phosphorous without payment of Customs duty under Advance Intermediate License, which had been issued in thei....

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..... 3. On the other hand Shri M.P. Sathe, Ld. Consultant appearing on behalf of the respondent submits that the different prices were charged due to the supply made against invalidation of the advance license. This is not a case where the respondent have undervalued the goods and collected extra consideration. The price shown in the invoices was only charged to the customer. If at all there is any undervaluation its subject matter of interpretation. He submits that the respondent much before the visit of the investigating officer, have informed the department from time to time regarding the supplies made against the advance license, the same has been certified by the department. In this regard, he referred to the statement of supplies made....

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....al is dismissed. Cross-objection stands disposed of. (Pronounced in Court on 13/04/2018) ============= Document 1 TYPE OF LICENCE IKHTILE NO. ANNEXURE - A-13 STATEMENT OF PORTS SUPPLY MADU ADVANCE LICENCE FOR INTERMEDIATE EXPORTS : 03/69841/00015/AM/03 ADVANCE LICENCE NO. :0310175555/6/02:00 da 31.12.02 DETAILS OF EXPORT/SUPPLY MADE:- SRNO. INVOICE DATE DESCRIPTION QUANTITY FOR NO. SUPPLIED VALUE DUTY AMT. (RS.) (RS.) (2) (3) (4) (5) (2) 465 31.03.03 TRI PHENYL 660.00 54120.0 8659.00 PHOSPHITE (CRISTOL-TPP) 17 24.04.03 -DO- 7040.00 577280.00 92365.00 3 51 07.05.03 -DO. 2640.00 216460.00 34637.00 1 70 ....