TaxTMI 
TaxTMI 
2026 (5) TMI 877
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....ssed by the Prinicipal Commissioner of Customs(Customs Preventive), New Customs House, New Delhi. 2. The facts of the case are that M/s M.C. Overseas (IEC-0511047649), 309, Building No.2885/3, Beadonpura, Gali No.17, Karol Bagh, New Delhi, are the importers engaged in importing Air Conditioners falling under Chapter Heading 84151090 through ICD, Ballabhgarh. The Department has initiated an investigation against the importer alleging that the importer M/s M.C. Overseas had under-invoiced the goods namely Air Conditioners, by mis-declaring the Maximum Retail Price (MRP) on the subject goods. Accordingly, statements of several persons were recorded. On completion of investigation, a common show cause notice No. C.No.VIII(SB)10/Cus.prev./Alp....
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....on of dropping penalties against them is equally applicable to him also. Accordingly, he submits that the penalty imposed on his is liable to be set aside. 4. The appellant further submits that in the instant case, all consignments were examined by the Department before clearance. The value declared by the importer had already been determined and assessed by the proper officer at the time of import and the officer was satisfied with the value declared in the Bills of Entry which was accompanied by documents like invoice, packing list etc. There is no evidence of misdeclaration or suppression on the part of the appellant so as to invoke the extended period of limitation. Thus, the appellant submits that the demand confirmed by invoking th....
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....have been under-valued, which is not there in this case. It is a well-settled law that in case, the valuation under Rule 3 is to be rejected, then the value has to be arrived at by following the Valuation Rules in saratim, i.e., going serial number wise from Rule 4 onwards, as held by the Hon'ble Supreme Court in the case of Eicher Tractors Pvt. Ltd. vs Commissioner of Customs, Mumbai. Rule 4 prescribes that in case the transaction value is rejected, the value can be arrived at by taking into account imports of identical goods during the relevant period. It is submitted that on perusal of NIDB data, various models of air-conditioners were imported during the relevant period and were cleared at a price lower than the price declared by the im....
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....re given to the appellant for safe custody and the same were not kept safely by the appellant. For this act of embezzlement, a FIR 225/2012 was lodged in Nihal Vihar, Police station under Section 406 of IPC. Thus, the Ld. A.R. supported the penalty imposed on the appellant. 8. Heard both sides and perused the documents. 9. We find that the importer M/s M C Overseas has imported Air Conditioners through ICD Ballabhgarh. The allegation against the importer is that there was a mis-declaration resulting in suppression of value of goods at the time of import, with a view to evade payment of customs duty. We find that the show cause notice was issued to the importer M/s M.C. Overseas and its proprietor and the demand has been confirmed in t....
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....ission of the appellant that the price adopted by the appellant cannot be compared with the price of goods imported by M/s EGPL. We find that other than the price of EGPL, there is no evidence available on record to show that the importer was involved in undervaluation of goods in any manner. Thus, we hold that the allegation of under-valuation against the importer and the appellant herein are not sustained. Hence, we hold that no penalty imposable on the appellant under section 112(a) of the Customs Act, 1962. 11. We find that there is another allegation against the appellant that the seized air conditioners were given to the appellant for safe custody and the same were not kept safely by the appellant. We find that for this act of embe....