9911796707
TMI Blog2006 (5) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Co., Hong Kong for Rs. 12,58,976.14 (US $ 27,516.80) on 17-9-2005. On 11-11-2005, the Bill of Entry was lodged for clearance of goods. It is the case of the petitioner that on 24-11-2005, the Bill of Entry was assessed as contemporary imports and audited by the Assessing Officer and sent to the Assistant Commissioner of Customs (Export Promotion) for final approval in the EDI system. The Bill of Entry was not assessed for quite some time and on 27-12-2005, the Assistant Commissioner of Customs (Export Promotion), Appraising Group-7 (Respondent No. 2) issued order for exemption by taking samples and market survey. On 13-1-2006, the petitioner's clearing house agent applied for the permission to warehouse the goods pending assessment. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue of the imported goods is 4 to 8 times of the declared CIF value. It is stated that based on that, the petitioner was asked to give bond of Rs. 1,06,60,064/- and the bank guarantee of Rs. 25,00,000/-. 4.In the second affidavit dated 19th April, 2006 filed by the respondents through M.H. Shaikh, Deputy Commissioner of Customs, it is stated that the SIIB report pointed out very huge undervaluation. Until M/s. Poojan Marketing case was booked by DRI, all provisional assessments were done on the basis of NIDB values but, thereafter, provisional clearance was not granted to NIDB values because it was found that NIDB values were constituted by the imports effected by these very importers. It is reiterated that based on the SIIB report, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Group VB, Nhava Sheva Customs, for the similar goods, the valuation has been done as per NIDB data. Third, M.H. Shaikh, Deputy Commissioner of Customs in his affidavit dated 2nd May, 2006 admits that the imports/clearance of similar goods have been made at Nhava Sheva and CFS (Mulund) post 25-11-2005 on the valuation as per NIDB data. And Fourth, the consideration of the petitioners case on the basis of the imports made by Poojan Marketing vide Bill of Entry No. 604821, dated 15-9-2005. The goods imported by M/s. Poojan Marketing for which the Bill of Entry was furnished on 15-9-2005 and which were released provisionally to M/s. Poojan Marketing accepting the value as suggested by the department are not the similar goods in entirety as the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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