TMI Blog2012 (10) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... n - applicant submits that in this case it is an admitted fact that the importer had declared the goods as per the invoice raised by the foreign supplier and on examination it was found that the goods were not as per the description in the invoice/bill of entry – Held that:- Applicants proceeded the matter with foreign supplier, who admitted the fault that the some other goods had been supplied wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before this Tribunal as they gone into liquidation, the official liquidator has been appointed. The Revenue is proceeding the matter before the official liquidator. 3. He further submits that the facts of the case are that the main importer had imported certain consignments of ICs and filed bill of entry and declared description of goods as mentioned in the invoice raised by the foreign supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that context, they made an inquiry with the foreign supplier and alleged that the foreign supplier has cheated by them by not supplying the goods as required by them. He further submits that their foreign supplier by letter dated 18-6-1997 had agreed that the foreign supplier has supplied some other goods to the importer therefore, requested the importer to send back the goods and they were ready ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or any other documents to conclude that they have declared the goods correctly at the time of importation of the goods. Therefore, the adjudicating authority has rightly imposed the penalty under Section 112 on both the applicants. 6. Heard both sides. 7. In the show-cause notice charges against the applicant is that they are siphoning foreign currency to the abroad by overvaluing the importe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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