2026 (3) TMI 1386

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....n by the Directorate of Revenue Intelligence, it was found that the goods were undervalued, accordingly, based on statements and various documents unearthed during investigation, show-cause notice was issued for rejecting the declared value and for redetermination of the value of the impugned goods. The Commissioner in the impugned order redetermines the value of the goods imported vide Bills of Entry No. 225806 dated 20.06.2008, No.229185 dated 07.08.2008 and No.232745 dated 26.09.2008. Based on the above values, differential duty to the extent of Rs.8,07,427/- on two past bills of entry and differential duty of Rs.2,04,324/- on the live Bill of Entry; was demanded along with interest. Goods were also confiscated and redemption of fine of ....

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....e quantity and quality of the goods based on the email documents recovered at a later date. It is also to be noted that the Commissioner in the impugned order notes that the value and description of goods are similar compared to the bank documents except for one product. Hence, we do not find any substantial evidences placed on record except for the email copies and statements to enhance the value of the goods already cleared on payment of duty. Hence, demand of differential duty on the past Bills of Entry is not sustainable and the same is set aside. 5. The third live Bill of Entry No. 232745 dated 26.09.2008 covered 142 items such as sandals, shoes of different types and sizes, prayer mats, fountains, etc. During the examination of goo....

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....ds at serial Nos. 46 to 55 have also been mis-declared to the extent of 70%. In the light of the new evidences on record, the transaction value (CIF) of the goods imported vide Bill of Entry No. 232745 dated 26.09.2008 needs to be re-determined at Rs.16, 22,565/-." 5.2 In view of the above, we find that based on the Examination Report and the documents recovered from the bank and through email, there is enough evidence to show that the goods imported vide Bill of Entry No.232745 dated 26.09.2008 were undervalued and accordingly, the rejection of the declared value and redetermination of value is upheld. However, we find that while enhancing the value, the Commissioner in the impugned order notes that no value is mentioned for 10 items im....