Commission had jurisdiction to deal with the matter – Sections 127A and 127B of Customs Act, 1962. [2004 (165) E.L.T. 499 (Guj.) followed]. Continue reading →
Applicant accepted the allegation of underinvoicing which has gone on for a period of over three years – Applicant discharged the liability of entire differential duty along with interest – Allegation of underinvoicing not refuted – Adjustment of Rs. Ten lakhs deposited in the account of one of the co-applicants allowed although they are separate entities but they are a part of same family concerns/firms – Allowing such an adjustment would cause no harm to Revenue’s case Continue reading →
Under invoicing carried on for over three years and duty evasion running into few crores of rupees – In such case complete immunity from penalty cannot be granted even though entire duty along with interest was paid promptly – Sections 127C and 127H of Customs Act, 1962. Continue reading →
Wrist watches notified under Section 123 of Customs Act, 1962 and imported as baggage in present case – Value of goods declared as Rs. 12,000/- in Disembarkation Card and bill of entry not filed – Show cause notice invokes both demand of additional duty and re-determination of value and covered under short levy on account of undervaluation – Disembarkation Card not requires declaration of description and quantity of goods brought as baggage and hence, baggage cases covered under category of undervaluation – Impugned matter relating case of levy, assessment and collection of customs duty – All cases of non-levy are cases of short-levy Continue reading →
Sub-rule (3) of Rule 6 of Cenvat Credit Rules, 2004 not authorizes collection of new levy as percentage of value of exempted goods where records enable computation of Cenvat credit taken in respect of exempted goods – Provisions not intended as penal measure if assessee opts for non-maintenance of separate accounts – Tribunal decision in 2008 (228) E.L.T. 452 (Tribunal) holding requirement to pay amount as per rule ceases once credit reversed, applicable – Full and true disclosure made – Immunity from prosecution granted and duty, interest and penalty quantified and settled Continue reading →
Import of goods using other’s IEC – Undervaluation accepted and duty deposited more than amounts demanded in show cause notices – Voluntary acceptance of higher duty liability to be rejected in view of hazy valuation scenario and instant acceptance by applicants – Evidence to support reduced duty liability in one instance, not produced and such acceptance of reduced liability rejected – Goods liable to confiscation and fine – Complete immunity from fine in lieu of confiscation granted considering demurrage Continue reading →
On plea of applicant that a 41 kg. bag was containing 3700 pouches, the Bench would like to clarify that so far as the bags weighing 41 kgs. are concerned, the SCN figure of 5200 pouches of 7 gms. was not given a go bye by the Commission. In fact, it was only in order to simplify the calculations that the figures were converted into 3700 pouches of 10 gms. on the pro-rata basis. Arithmetically, this did result in extra addition of 6 kgs. per bag which was ignored so as to round off the figure. Continue reading →
Applicant is a co-borrower who circumvented the two years ban on sale of car and took the car into his possession and use – Applicant would not become a co-borrower with a total stranger and would even pay the loan amount – Applicant had the knowledge about illegal import of said car and its liability to confiscation Continue reading →
Immunity from penalty – No criminal complaint of fraud and cheating lodged by applicant with appropriate agency against alleged executor of fraud – Applicant cannot be acquitted entirely of his responsibility for damage caused by fraud Continue reading →
Applications pending from the year 2004 need to be heard earliest, especially further hearings are also required before February 2008 Continue reading →
