2018 (6) TMI 565

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e first check, it was found that the value of the goods declared by the importer seems to be on the lower side. Accordingly, for the purpose of determining appropriate value, the help of a Chartered Engineer was taken into consideration and with the help of SGS, the approved Chartered Engineer etc., it was found that the proper value of the goods is to the extent of Rs. 49.00 lakhs approximately. 2.  Based upon the above, proceedings were initiated against the appellant by way of issuance of SCN dated 07.02.2007, proposing to confirm the demand of Rs. 18.00 lakhs approximately along with confiscation of the goods and imposition of penalties under Section 112 (a) of the Customs Act, 1962. The notice also referred to a letter dated 27....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(1) (b) of CCR, 2004, which permit avalilment of Cenvt credit on the basis of supplementary invoices but excludes such availment if the duty was not paid on account of any fraud, collusion or any wilful misstatement, suppression etc., with an intention to evade payment of duty. The Ld. Advocate submits that merely because, to avoid litigation, they have gone to the Settlement Commission, the said fact cannot be considered to be equivalent to suppression, misstatement or the assessee's malafide. In support, she draws our attention to the Larger Bench decision in the case of Bosch Chassis Systems India Ltd. vs. CCE, Delhi - 2008 (232) ELT 622 (Tri.LB) laying down that mere filing of an application before the Settlement Commission for waiv....