2005 (6) TMI 382

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..... the Appellant. Shri Randhir Singh, DR, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. Appellants filed this appeal against the adjudication order passed by the Commissioner of Customs, Jaipur whereby a penalty of Rs. 1,00,000/- was imposed on the appellant. 2. Appellant filed shipping bills under DEPB scheme for export of Digital Electronics Watches and .....

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..... tted before the adjudicating authority to show that the manufacturing cost of the digital electronic watch comes to Rs. 375/- per piece. Their contention is that the Commissioner has not taken into consideration the Chartered Accountant Certificate. The contention of the appellant is that as per the market enquiries report conducted by the Revenue, similar or identical watches were not available f .....

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..... appellant produced evidence by way of Chartered Accountant certificate in support of their manufacturing cost of the watch at Rs. 375/-. This evidence is not looked into by the Commissioner in the impugned order. Further, market enquiry which was relied upon by the Revenue specifically mentioned that identical or similar watches were not available for sale in the market. Therefore, in such circums .....

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