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TMI Blog2019 (6) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... rmendra Kumar which have not been retracted - the enhancement of the value leading to confirmation of demand of duty of ₹ 1,85,212/- and of ₹ 6,524/- are appropriated. Penalty u/s 112(b)(ii) of Customs Act - HELD THAT:- Penalty are to the extent of 100%, without giving any option to the appellant to pay reduced penalty of 25% within a period of 30 days of the passing of the order. As such while upholding the imposition of penalty to the extent of 100% in terms of said Section 112, we hold that if the appellant deposits the said penalty within the period of 30 days from the passing of the present order, the same shall stand reduced to 25%. Penalty u/s 114 A and 114AA of the Customs Act - HELD THAT:- As the appellant have al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement dated 23.12.2001 accepted that the invoices showing lower value for each consignment was filed with the customs with the purpose to pay less duty and the payment made to Chinese firm was on the higher side on the basis of actual commercial invoice issued by them. 3. On the above basis, proceedings were initiated against them by way of issuance of show cause notice dated 13.09.2012 proposing to enhance the value of the consignment from declared value of ₹ 26,75,273/- to ₹ 37,67,687/-. Differential duty to the extent of ₹ 1,85,212/- was confirmed and appropriated against the duty already deposited by the importer. The demand of interest was also confirmed and penalty of identical amount was imposed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he statement of Shri Dharmendra Kumar which have not been retracted. As such, we are of the view that enhancement of the value leading to confirmation of demand of duty of ₹ 1,85,212/- and of ₹ 6,524/- are appropriated. Accordingly the demands are confirmed. As regards penalty imposed upon the appellant under Section 112(b)(ii) of the Act, we note that the same are to the extent of 100%, without giving any option to the appellant to pay reduced penalty of 25% within a period of 30 days of the passing of the order. As such while upholding the imposition of penalty to the extent of 100% in terms of said Section 112, we hold that if the appellant deposits the said penalty within the period of 30 days from the passing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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