9911796707
TMI Blog2004 (5) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal of Shri Alok Gupta is directed against the imposition of penalty of Rs. 2,50,000/- upon him under Section 112 of the Customs Act, 1962. 2. The brief facts leading into imposition of penalty are like this. Certain imports of glassware were made in March 2001 in the name of M/s. Essem Enterprises, F-440, Kanpur, New Delhi. Two Bills of Entry being Nos. 238513 and 238522 both dated 14-3- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only 2/3rd of the actual price and the remaining 1/3rd price was being paid in Hong Kong through his Uncle Shri Roshan Lal Gupta, who is a Hong Kong passport holder. This statement was recorded on 21-3-2001. After further inquiries, a show cause notice dated 23-10-2001 was issued proposing confiscation of goods and imposition of penalties and demanding differential duty upon enhancement of the va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , learned SDR has pointed out that it is clear from the case records that the under invoicing of the goods was arranged by the appellant and therefore, imposition of penalty was fully justified. He maintained that the retraction of the statement has no value since the detailed facts disclosed therein would show that a stranger to the arrangement would not be aware of the particulars of transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranged all the details, particularly, in regard to the under invoicing of the goods, by arranging for part payment of the goods in Singapore through his Uncle. Thus, the under invoicing and payment of the differential value are appellant s arrangement. The later retraction of the statement does not appear to affect the credibility of the detailed disclosure. The retraction appears to be only an ef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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