9911796707
TMI Blog2002 (4) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... 219/220, TV Industrial Estate, S.K. Ahire Marg, Worli, Mumbai - 400 025 and Shri Rajiv K. Sharma, formerly President CEO of M/s. G.M.S. Technologies. 2. The brief facts of the case are as follows : M/s. G.M.S. Technologies Limited, Mumbai (hereinafter referred to as the applicant) had imported Salsa II 32 head, 8 colour 300 DPI valued at US $ 3,25,000 from M/s. Signtech, USA and declared the value to Customs at the time of clearance in the Bill of Entry No. 965644, dated 10-3-2000 as SALSA 10.5 INKJET FRINGING M/C WITH START UP KIT AND ACCESSORIES AS US $ 2,22,000, INKS AS US $ 8,000 AND WASATCH SOFTWARE (CD FORM) AS US $ 75,000. The duty payable on this value was worked out as Rs. 55,22,603/-. On the basis of intelligence gathered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the hearing, the Learned Advocate of the applicant submitted that the applicant admits the full amount of duty as demanded in the show cause notice i.e. Rs. 77,61,319/-. Out of this amount, the applicant had already paid an amount of Rs. 75,05,245/- before issue of the show cause notice. The applicant agrees to pay the differential amount. The machine is still lying under seizure in the applicant s premises. He, further prayed that the seller, M/s. Signtech, USA have agreed to replace the machine with a new machine and the applicant is willing to re-export it from India, hence a suitable order may be issued allowing the applicant to re-export the machine out of the country. He is ready to give any security if so required for the same. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, prayed to the Hon ble Commission to please allow him to sell the said machine to CreoScitex Asia Pacific (HK) Ltd. 8. The applicant, vide letter dated 22-2-2002, has prayed to the Hon ble Commission that he may be permitted to export the said machine out of the country to any buyer outside India. 9. The next hearing of the case was fixed on 6-3-2002. Since the applicant was not present, the Commission adjourned the hearing. 10. The applicant vide letter dated 6-3-2002 submitted that since the machine was not performing well, he had decided to dispose it off by exporting and realize some value. With great difficulty he had met buyers of this machine. As the technology is getting obsolete, he will be left with this machine without a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case and it is not appropriate for the Commission to look into the said provisions. 16. The Commission has gone through the case records, submission made by the Applicant and the Revenue. The Applicant was issued with a show cause notice dt. 30th May 2001 alleging inter alia of under-valuation of the goods imported. The Revenue has gathered evidence from various sources including the statement as referred to in the said show cause notice. The Applicant thereafter has been alleged of contravening the provisions of the law as referred to in the Para 33 of the show cause notice. In para 34 of the show cause notice the applicant was alleged to have evaded the customs duty amounting to Rs. 19,82,642/- besides proposing action under the va ..... X X X X Extracts X X X X X X X X Extracts X X X X
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