TMI Blog2003 (5) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... ishra, Consultant, for the Appellant. S/Shri V.K. Khosla, SIO and Sanjeev Prabhakar, IO, for the Department. [Order]. - M/s. Fashion Sourcing (hereinafter referred to as the Applicant) S/Shri Arun Dhand and Shri Bhupinder Singh (henceforth referred to as the Co-Applicants) have filed an application under Section 127B of the Customs Act, 1962. The applicants have imported a consignments of stoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isionally should not be held to be correctly classifiable under chapter sub-headings 6001.92, 5804.10, 5407.42, 59.07 and 6001.22 respectively of the Customs Tariff Act, 1985. (ii) The said fabrics imported vide Bill of Entry No. 1042 dated 30-8-2001 and misdeclared by the importer valued at Rs. 11,68,595/-(Assessable value) be not confiscated under Section 111(M) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to in the Show Cause Notice. The applicant has already made a deposit of Rs. 5,50,000/-. Incidentally, it was mentioned that Rs. 5,50,000/- has been appropriated by encashing the bank guarantee. 4. The representative of Revenue submitted that the action of the applicant in mis-classifying the imported products is not bona fide. It was also submitted that one of the partners is an e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The request of the ld. Advocate to pay in two instalments is rejected as there is no evidence to indicate any financial hardship faced by the applicant. The Commissioner shall adjust the amount of Rs. 5,50,000/- towards admitted duty liability, which has been appropriated after encashment of bank guarantee. Attention of all concern is drawn to sub-section (2) of Section 127F of the Customs Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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