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TMI Blog2017 (7) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... f the allegation of misdeclaration and, hence, was required to be in strict compliance with Customs Valuation (Determination of Price of Imported Goods) Rules framed for implementation of section 14 of Customs Act, 1962. The sequential application of the rules, as well as the justification for adoption of the value proposed by the expert, does not find a place in the impugned order - matter remanded for fresh consideration - appeal allowed by way of remand. - C/423, 546 to 548, 626 to 629/2007, C/676/2007 - A/887974-87982/17/CB - Dated:- 12-6-2017 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) Shri Anil Balani, Shri Prithviraj Chaudhary and Shri Brijesh Pathak, Advocates for the appellant Shri M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough diamonds on highly exaggerated value, not being the transaction value of the said goods and to open a channel for laundering money by riveting excess amount of foreign exchange out of the country, in the guise of such dubious imports by employing all fraudulent practices. Pursuant to the said conspiracy, Shri Rakesh Jain initially dispatched the consignments of red rough diamonds in the name of M/s Sancheti Jewels and Arihnat Corporation another dummy company owned, managed, controlled and operated by Shri Hukmichand Jain, by procuring Kimberly Process Certificate from nominated trade authorities in Dubai, by resorting to highly exaggerated value in this sale invoice is submitted the aforesaid nominated trade authorities, competent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standing the quality, purity and other specifications pertaining to rough diamonds to arrive at its value it was decided by the Department have recourse to examination of the goods by an expert panel dominated by GJEPC. This being to be the only alternative, as it is not possible to have recourse to concurrent importer similar identical goods for the purpose of arriving at actual value of the said goods. 4. Summarising the impugned order, Learned Counsel submitted that goods covered by six bills of entry dated 19 th June 2003 of M/s Luster Impex Pvt Ltd were confiscated absolutely along with those recovered from the premises at Bhatwadi that were presumed to be the imports of M/s Luster Impex Pvt Ltd in bill of entry dated 20 th May ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough diamonds by a trade panel member, without revealing his credentials as a disinterested individual and his expertise, has also been questioned. 5. Learned Authorised Representative placed on record certain internal emails as evidence of the conspiracy between father and son; the authenticity of the said documents has been called in question for not having been compliant with section 138C (4) of Customs Act, 1962. Learned Authorised Representative made elaborate submissions to counter the various procedural lacunae highlighted on behalf of the appellant. Before proceeding to ascertain the merits of the rival contentions, we must, necessarily look into the preliminary issues raised by Learned Counsel. 6. In Visualan Technologi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erein and in our considered view, he cannot be held as an importer. 8. Further, Learned Authorised Representative has placed before us the judgement of the Hon ble Supreme Court in State, Rep. By Inspector of Police Central Crime Branch v. R. Vasanthi Stanley Anr [Criminal Appeal Nos 2006-2009 of 2014] which has held thus 13. We will be failing in our duty unless we advert to the pronouncements propounded with regard to other aspects. They are really matters of concern and deserve to be addressed. The submission has put forth is that the first respondent is a lady and she was following the command of a husband and signed the documents without being aware about the transactions entered into by the husband and nature of the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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