2000 (2) TMI 154

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....4.15. The officers of the Customs detained this consignment and on examination were of the opinion that the value of similar watches in local market was substantially lower. The concerned persons were examined. The proprietor of the exporting appellants stated that the watches had been purchased from M/s. Cenzer Industries Ltd., Goa of whom he was one of the directors. The Commercial Manager of Cenzer Industries Ltd. was examined. He stated that he did not possess any knowledge about valuation of watches but that he had signed the documents at the instance of the Director thereof. He produced bills of entry covering the importation of component parts of the watches made by his unit. The Customs thereafter secured opinions of watch dealers f....

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....in the value being increased. The Commissioner after hearing the noticees passed the impugned order. He ordered confiscation of the watches in question but allowed their redemption on payment of a fine. He also imposed a penalty of Rs.1,50,000/- on the exporter proprietor. He did not pass any judgment on the other noticees saying that it could be issued separately. This appeal is against this order. This appeal was taken up for out of turn disposal on the plea made by the appellants that the goods had to be exported and that the appellants could not afford to pay the fine imposed. 2.We have heard Shri V.N. Doiphode, Counsel for the appellants and Shri Deepak Kumar, SDR, for the revenue. 3.As regards the valuation of the watches, we fi....

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....ority of the component parts as well as the brand name. It is the usual phenomenon that watch companies get certain goods manufactured from small scale industries at a small cost and market them under their own brand name at a very high rate. It is an extremely hazardous proposition to attempt to negate the valuation of the given commodity by comparing it with the valuation of another commodity although technically both commodities may be the same, viz. electronic digital watches. Shri Doiphode submits that the same stall people had given the appellants higher invoices. We do not wish to be drawn into that controversy at all . 6.We also observe that the learned Commissioner did not permit cross-examination of the sellers. In the process ....