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TMI Blog2013 (12) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... rice in the local market is very wide and is about 10 times in some cases. This fact has not been disputed by the appellant in their appeal memorandum. Their submission is that they have not paid any amount in excess of what has been declared in the Bills of Entry. We further notice that the appellants have admitted to the enhancement of the value at the time of investigation and cleared the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsignment of batteries declared by them was Rs.3,66,630/- which was enhanced to Rs.35,35,000/- and the value of fluorescent tubes declared was Rs. 2,72,700/- which was enhanced to Rs. 16,36,200/-. The consignments were imported in the year 2009 and the same were released on execution of bond for the value of the goods with the bank guarantee totally amounting to Rs. 36 lakhs. (The bank guarantee s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready furnished bank guarantee for the entire differential duty involved and, therefore, he seeks waiver of predeposit of dues as per the impugned order and stay of recovery of the same till the disposal of the appeal. 4. The learned Deputy Commissioner (AR), reiterating the findings and reasoning of the Commissioner, submits that the market value ascertained is about 10 times compared to the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 6. We hold that, in the facts and circumstances of the case, the appellants have not made out a strong case for full waiver of differential duty involved especially when the goods have already been cleared and sold in the market. No financial hardship has also been pleaded except stating that they would be put to hardship if they were directed to deposit the penalty. 7. In view of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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