2003 (7) TMI 239

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....ft Studio, Jaipur cleared a consignment of toys through ICD, Jaipur under Bill of Entry dated 23-1-1998. The consignment was assessed to customs duty on the declared value of over Rs. 4 lakhs. The appellant had produced invoice No. NI/890/97, dated 11-12-97 in support of the declared value. Subsequently, enquiries made by the Customs Authorities with the Hong Kong Customs Department through Consul....

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....ere held to be liable to confiscation for misdeclaration of value under Section 111(m) of the Customs Act, 1962. A redemption fine of Rs. 4,25,000/- was imposed under Section 125(1) Customs Act, 1962. The present appeal is directed against those orders. 2. It is the contention of the appellant that apart from the report received from the Hong Kong Customs and Excise Department, no other evidenc....

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....ar case of undervaluation of goods in official documents and misdeclaration of price in order to evade customs duty. The investigations by the Hong Kong Authorities have clearly brought out the modus operandi adopted by the appellant and its supplier to undeclared price in invoices for evasion of customs duty. Payment of undeclared portion of the value of the goods on telegraphic transfer brings o....