2020 (12) TMI 131

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....KUMAR, SRI.K.AMAL NATH N, AIKSRI.KANDAMPULLY VIKRAM, SRI.NIRANJAN SUDHIR AND SRI.RENOY VINCENT RESPONDENTS: SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS. JUDGMENT Vinod Chandran, J. The appeal is from the interim order of the learned Single Judge refusing to release the seized goods unconditionally; especially when a provisional release order as per Exhibit P8 has been issued.....

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....ferential tax was e-mailed to the appellant. The approximate duty component was indicated as Rs. 20,00,000/- in Exhibit P5. Later, on an information received orally, the appellant had remitted Rs. 20,72,000/- by Exhibit P6 series of Demand Drafts. The Department is still seeking deposit of Rs. 25,00,000/- as differential tax; which is alleged to be illegal and arbitrary. 4. The learned Standing C....

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....re received via mobile phone. Twelve such invoices showing different value, but matching the invoice number in the bills of entry are said to have been recovered from the mobiles of the Managing Partner. It is with respect to the value difference discernible from those 12 parallel invoices that the differential duty amounting to Rs. 20,72,000/- has been demanded and paid by the appellant. Paragrap....

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....e of the probable undervaluation based on the average undervaluation; practiced by the appellant in the recovered parallel invoices. On a rough computation, the liability to duty with interest would come to Rs. 18,11,000/-. There would also be penalty payable, in which circumstances a further amount of Rs. 25,00,000/- has been provisionally assessed, which demand was raised in Exhibit P8 for provi....