9911796707
TMI Blog2007 (3) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... ides imposing penalty on the appellant. 2. The issue involved in this case is regarding valuation of the goods imported by the appellant. It is the Revenue's case in the show cause notice that the appellant had undervalued the consignment of watch hand and Populated PCB in order to enhance the Customs duty to the Government. Show cause notice was issued to the appellant directing him to show cause as to why the value as declared by him should not be enhanced and differential duty be demanded from them, goods imported be not confiscated due to mis-declaration of value and consequent penalty for such violation. Appellant contested the show cause notice on the ground that the goods which were imported by him were in fact correctly declared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s provided as regards value of the goods created some doubts in the mind of the Revenue authority and hence investigations were carried out which resulted in the conclusion that the goods are undervalued and he submits that identical goods which were imported from the same place were valued at higher price and it is also submitted that the same goods imported by the appellant were sold by him at enormous price which indicates that the transaction value is not correct. 5. We considered the submissions made at length by both sides and perused the records. We find from the records that allegations were that the value declared by appellant for watch hands and populated PCB was found to be abnormally low as compared to market price, hence th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous import of populated PCBs, the said value cannot be adopted for enhancement of the value of imported goods made by the appellant. 6. We find strong force in the contention of the Advocate for the appellant that reliance placed upon the contemporaneous import by the Revenue should have been informed to the appellant in advance and he should have been given an opportunity to meet with the charge of undervaluation. Even today, we find that the Revenue has not produced the document on which they had relied upon for enhancement of the value of the imported consignment. The Division Bench of the Tribunal in the case of M/s. Orion Systems (supra) has categorically held as under: "We have gone through the rival contentions. The Revenue is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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