9911796707
TMI Blog1998 (1) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... nd they produced before the Custom House copy of a fax dated 17-5-1991 from manufacturer M/s. Goodark Electronics, Taiwan quoting the prices of Fast Recovery Diodes. They also produced a proforma invoice from manufacturer M/s. Mospec, Taiwan regarding Power Transistors. Since these prices were higher than the declared price, the appellants were asked to explain the position. They produced manufacturer invoice of Mospec dated 17-3-1991 addressed to M/s. Mohado Ltd., Taiwan for Power Transistors to substantiate the prices declared by them. Similarly they also submitted manufacturers invoice of M/s. Goodark Electronics Corpn., dated 17-3-1991 to the same supplier in Taiwan in respect of Fast Recovery Diodes. These prices were slightly lower th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the appellants on 13-8-1991, proposing to reject the declared value to enhance the assessable value under Rule 8 of the Valuation Rules, 1988, on the basis of the quotations given by the manufacturers to M/s. Nayar Electronics and further proposing to import penalty on the appellant holding the import itself is unauthorised because the enhanced value is not covered by the value balance in the Import Licence produced by the appellants. The matter was adjudicated by the Additional Collector of Customs, Mumbai by his order dated 28-2-1992 whereby he confiscated the imported goods and enhanced the assessable as proposed in the Show Cause Notice to Rs. 1,40,665/- CIF. The Additional Collector levied fine in lieu of confiscation of Rs. 70,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal decision reported in 1997 (96) E.L.T. 447 (Tribunal) in the case of West Coast Traders v. Collector of Customs, Mumbai. 3. Shri K.L. Ramteke the ld. JDR referred to the invoice produced for the consignment which significantly does not give any reference to the purchase order and the payment of term is also by sight draft. There is no letter of credit opened for the import, the evidence has also shown clearly that the supplier M/s. Mohado, from whom the appellants have imported been found to abet importers in India to evade customs duty by under valuation. Even the manufacturers invoice produced by the appellant has been shown to be prepared by M/s. Mohado and disowned by the respective manufacturers. No reliance can be placed on such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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