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2002 (10) TMI 679 - AT - Central Excise
Issues:
1. Waiver of pre-deposit of duty and penalty. 2. Allegations of under-valuation of goods. 3. Enhancement of value of goods by the Commissioner. 4. Lack of disclosure of material for value enhancement. 5. Denial of natural justice. 6. Short-levy of duty under Section 28 of the Customs Act. 7. Validity of orders and imposition of penalties. Issue 1: The Appellate Tribunal CEGAT, Mumbai heard both parties on the application for waiver of pre-deposit of duty and penalty. The appeal was taken up for disposal with mutual agreement from both sides. Issue 2: The appellants imported various goods and faced allegations of under-valuation. The Commissioner proposed to evaluate the goods based on Customs Valuation Rules. Confessions were made regarding under-invoicing, leading to enhanced valuations, confiscation of goods, and imposition of penalties. The appeal challenged this order. Issue 3: The appellant's counsel argued against the Commissioner's enhancement of goods' value, citing lack of disclosure of material and violation of natural justice. The Commissioner's actions were questioned for not providing the opportunity to present a case. Issue 4: Concerning the earlier bill of entry, the appellant claimed that the duty short-levied required a formal notice under Section 28 of the Customs Act, emphasizing the necessity of issuing a notice before demand. Issue 5: The Tribunal found the orders concerning the goods imported under the bill of entry No. 118 as untenable due to the denial of natural justice. The issue was remanded to the Commissioner for readjudication. Issue 6: The Tribunal highlighted the necessity of issuing a notice under Section 28(1) for the recovery of short-levied duty on goods cleared under another bill of entry, emphasizing the need for procedural compliance. Issue 7: The appeal was allowed by remand, directing the Commissioner to issue necessary notices, ensure timely proceedings, and provide grounds for actions proposed, maintaining procedural fairness and compliance with the Customs Act.
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