9911796707
TMI Blog2000 (6) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (J)]. Appellants herein M/s. Line Writing Aids (P) Ltd. imported 480 cartons of plastic moulded components (Plastic Ball Pen parts) declaring the value at the rate of US $ 1.45 per kg. They sought clearance of the said goods free of duty under DEEC Scheme vide Customs Notification No. 159/90-Cus. 2. Thereafter, the goods were examined in the presence of the officers and it was fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty upon the importers. Both the appeals were disposed of by the Commissioner (Appeals). The appeal filed by the appellant (importer) was rejected, but Commissioner accepted the Revenue's appeal and therefore, he imposed penalty upon the appellant under Section 112(a) of the Customs Act, 1962. The said order disposing of both the appeals is before us. 4. Shri B.N. Chattopadhaya, learned Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. He submits that goods had been imported under invoice raised by the foreign supplier after finalisation of the contract. The Revenue has not placed any evidence on record to show that the said invoice price was not genunine price. He submits that a certificate by the manufacturer was also produced before the authorities that they had sold the goods at the rate of US $ 1.375 per kg. to their age ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... products. 5. We have heard Shri J.M. Kennedy, learned JDR who reiterated the reasonings of the authorities below. 6. We agree with the submission of the learned Consultant that in the absence of any doubt about genuineness of the invoice price of the foreign supplier, it was open to the Revenue to recalculate the price by adopting backward calculation method and by adopting starting point as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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