2002 (9) TMI 186

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....lants have challenged the Order-in-Appeal No. 201/02, dated 14-5-2002 by which the Order in-Original dt. 19-4-2002 has been confirmed. However, the Commissioner (Appeals) has modified the order by reducing the penalty amount to Rs. 2,30,000/-. The charges against the appellants was that they had filed Bill of Entry No. 370253, dated 2-1-2002 under DEPB Scheme for clearance of 83.46 M.Ts. of non-al....

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....ave now challenged the impugned order on the ground that to enhance the value there has to be evidence of the contemporaneous import and mere admission made by the party under duress cannot be a ground for enhancing the value. They submit that the value is correct one. The revaluation at enhanced value has to follow due process of law. It is pointed out that the Commissioner (Appeals) has not give....

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....of profit etc.? In this matter the appellants have relied on a large number of judgments to show that the burden of proof to revise the valuation is on the Revenue under reviewing and the valuation cannot be enhanced merely on presumption and assumption. We have considered this plea and agree with the appellants that there has to be proof of contemporaneous import to enhance the value. Mere admiss....