2020 (12) TMI 131

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.....RAVI PETITIONER: SRI.ASWIN GOPAKUMAR, 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 o....

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....xhibit P5 a detailed computation of the differential 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 illega....

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....while a set of invoices showing higher value were 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 be....

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....e having not been produced, a computation was made 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....