9911796707
TMI Blog2017 (11) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... nt - Raj Agencies; None for other appellants Ms. Vinitha Sekhar, Jt. Commissioner (AR) for the respondent ORDER Per: D Panda Appellant Raj Agencies is represented by Shri Lawrence Tauro, Advocate. He submits that even if the goods are mis-declared and valuation thereof is disturbed, there cannot be any redemption fine since the goods were not available for such imposition. So also insofar as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of smugglers had hand in glove. Rajesh Jain and Mahesh Lokhare were members thereof. Both of them were aware that goods were imported from China and that was only from one supplier viz., Wenzhou Huishunda Industrial Trade. 3. Revenue further submits that the copy of the letter discovered by investigation in the course of investigation established the communication of the parties on undervaluat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aration of description and value of the imports were practice of the appellants. E-mails recovered in the course of investigation proved mis-declaration of the goods and that was also to be found deliberate. Undervaluation of import made by Ariza Impex was proved. 5. On the above premises, prayer of Revenue is that Revenue being prejudiced, there should not be any leniency to the appellants to gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of vital evidence gathered by investigation. The only relief that can be granted to the Raj Agencies is that there shall be no redemption fine since imports were not under bond and no penalty can be simultaneously imposed on the proprietor Shri Rajesh Jain and Raj Agencies who are one and the same. Accordingly there shall be penalty on Raj Agencies to the extent imposed by the adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
