9911796707
TMI Blog2001 (10) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. Shri B.B. Sarkar, JDR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. These three applications relate to three appeals arising out of a single order passed by the Commissioner of Customs (Preventive), Mumbai. These are therefore disposed off vide this common order. 2. Kantawala Sons and Dilip Chain Industries Pvt. Ltd. had imported certain machinery for manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 111(d) and also under Section 111(o) of the Act. Differential duty was confirmed to be paid by the two importers. Option for redemption of the machinery was given. Penalties were imposed on the present applicants as also on M/s. Inom who were indenting agents for M/s. Ombi, Italy. Except for Inom the other persons so affected by this order have filed appeals and the present applications. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. Kantawala Sons are prior to the date on which the stipulation was brought in. Prima facie, it appears that the demand on these machines could not sustain. 5. As regards the imports made by M/s. Dilip Chain Industries Pvt. Ltd. the import was admittedly after 1-3-1987. The finding of the learned Commissioner is that the certificate issued by the Gem and Jewellery Export Promotion Council wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to confiscation. 6. On the point of under-valuation Shri Jain submits that the statements made by the importers do not address the issue at all. No documents have been seized from their premises suggesting undervaluation. 7. Shri Patel arguing on behalf of M/s. Amrut Corporation submitted that the documents seized from his premises and relied upon by the department do not indicate at all that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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