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TMI Blog2018 (3) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 21.07.2017 passed by Principal Commissioner of Customs, Noida Customs Commissionerate. 2. Brief facts of the case are that M/s ANM Electronics Pvt. Ltd. Shop No. 1, Block A-4, CSC First Floor, Paschim Vihar, Near Cottage Enclave, New Delhi, filed Bill of Entry No. 0000206 dated 26.07.2016 for Home Consumption at Arshiya Supply Chain Management (P) Ltd. FTWZ, Khurja, for clearance of imported goods declared as Mobile Phones, Ear Phones, Charger, Battery, Cards for DTH, accessories of electronic items and other assorted articles, as declared in invoice No. ANM 2016051111A & B claiming the classification under Chapter 85, 39, 48, 95. The said goods were supplied by M/s G Source (HK) International BLK-G, Hong Kong. The goods covered by sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a capital of Rs. 1 lakh. It appeared that the seized goods were counterfeit and piratical within the meaning of Section 2(33) of Customs Act, read with Rule 6 of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. The procedure under IPR Rules to secure technical analysis report from the brand owner was followed for the said purpose Ms. Gurpreet Gulati, Advocate & IPR Consultant from M/s React India Pvt. Ltd. Gurgaon authorized on behalf of a brand owner Samsung were requested to inspect the seized goods. On inspection they submitted technical analysis report that the goods were counterfeit. Therefore, appellants were issued with a show cause notice dated 22.03.2017. There was a proposal to reject the declared assessable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Ltd. Dadri had complained that some unscrupulous elements attempted to gate out the said container by presenting fake gate passes purported to have been issued by Custodian/Customs, to the security official. He further recorded that moment of goods from ICD Dadri to Arshiya Free Trade Warehousing Zone, Khurja could not take place as the officer proposed to examine the carbo at Dadri CSF after obtaining permission from the Competent Authority. He further recorded that declared value of mobile phones was US$ 2.0 to US$ 3.5 which was found to be grossly undervalued. Therefore, as provided under Customs Valuation Rules, 2007 he has ordered enhancement of value Rs. 7,46,28,450/-. Further the goods having Samsung brand mark were found to be cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the goods to pay in lieu of confiscation a redemption fine of Rs. 1,00,00,000/- (Rs. One Crores only) under Section 125 of the Customs Act, 1962 alongwith appropriate customs duty and interest. The fine & duty is to be paid within 30 days of the issue of this order. I impose a penalty of Rs. 50,00,000/- (Rs. Fifty Lakhs Only) on M/s ANM Electronics Pvt. Ltd. under Section 112 (a)(v) of the Customs Act, 1962. I impose a penalty of Rs. 5,00,000/- each (Rs. Five Lakhs each) on Shri Angelo Joseph Gomes and Shri Nitin Manak, Directors, M/s ANM Electronics Pvt. Ltd. under Section 112(a)(v) of the Customs Act, 1962. I impose a penalty of Rs. 5,00,000/- (Rs. Five Lakhs each) on Shri Angelo Joseph Gomes and Shri Nitin Manak, Directors, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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