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TMI Blog2004 (12) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... h an option to the appellants to redeem the same on payment of redemption fine of Rs. 3 lakhs. Penalty of Rs. 75,000/- is imposed upon the 2nd appellant Shri D.A. Kamath of M/s. Astra Diamond Tools Ltd. 2. The dispute in the present case relates to the under-valuation of the Natural Graphite. The appellants declared the value of the same as US $ 7462.70. As a result of information received from the Enforcement Directorate, Bombay, about the interception of second sets of invoice relating to the import of Natural Graphite by the appellants, further investigations were conducted by the Customs Air Cargo. The business premises of M/s. Shimnit Enterprises were put to search, which resulted in recovery of two invoices, one meant for the bank a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . with Indian High Commission, Tokyo, does not link up the importation in question. It was argued that the charge of under-valuation being a serious charge is required to be proved by the Revenue beyond doubt and no adverse finding can be arrived at against the importer on the basis of the recoveries made from the premises of their indenter. 6. Shri Pardeshi, ld. JDR appearing for the Revenue, countered arguments of the ld. Advocate by submitting that there is ample evidences in the shape of two different invoices for the same importation and the statements on one of the invoices to the effect that the differential price has been recovered by the exporter from the deposits made by the importer. The markings on the invoices and the goods w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was now for the appellants to clarify the existence of two different invoices for the same transaction. 8. We also do not find any favour with the appellant s arguments that two sets of invoices were prepared by their indenting agent or somebody else having enmity with them. There is nothing on record to reflect upon the factum of enmity either on the part of the indenting agent or on any other person. It is also seen that the telex message intercepted by DRI and sent from the office premises of Shimnit Enterprises reads as under :- ATTN QASIM PLS ADVICE TOYO TANSO IF INDIAN HIGH COMMN TOKYO CONTACT THEM DO NOT DISCLOSE ANYTHING I.E. DEPOSIT A/C, PRICE LIST, ANY SHIPMENT ON THE WAY ETC. I AM UNDER LOT OF TENSIN. TKS. RGDS NTTIN . ..... X X X X Extracts X X X X X X X X Extracts X X X X
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