9911796707
TMI Blog2001 (6) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... ppressing the correct value and submitting false invoices and helping in the import of watch parts. The Bill of Entry had been filed by M/s. Tirumala Electronics and M/s. Nino Electronics. The proceedings were initiated on the basis of seizure of account slips from the appellant and assessable value declared by these two firms in the respective Bill of Entry was not accepted and the department proceeded against the two independent firms and the appellant to enhance the assessable value on the charge of undervaluation and appellant was called upon to explain as to why penalty should not be imposed for abetting and having deliberately suppressed the correct value. 3. The investigating agency based on the seizure of these documents, initiate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s recorded of Shri Kanjani do not directly implicate the consignment. Whatever contained therein is simply a deposition that not only this consignment but other consignments also of similar goods cleared through Hyderabad Customs had adopted a lower valuation for these items as against the values ruling in the market at Hong Kong (sic) being higher as specified therein. If this evidence is to be taken to its logical conclusion, then the department should have further investigated with respect to other imports also cleared through Hyderabad Customs and found different evidence of contemporaneous import for higher prices or otherwise. There is nothing on record to show any contemporaneous import at higher price or otherwise than those declare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, we notice that the case was initiated against the main importer Umesh Murali Satwani, Proprietor of Nino Electronics based on the information collected from this appellant who was then acting as an Agent. The appellant has been penalised solely on the basis that he has colluded with the appellants with regard to misdeclaration of valuation and as a result there was undervaluation and hence there was loss of duty. The main appellant Umesh Murali Satwani representing Nino Electronics had appealed before the Tribunal against the same Order-in-Original and the Tribunal after a detailed consideration held that the declaration furnished in the Bill of Entry was to have been accepted and the value represented the correct valuation and there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lar goods and its value at Hongkong through fax. The Tribunal has appreciated this very evidence in Umesh Murali Satwani case supra and has rejected these pieces of papers recovered from the appellant's premises and set aside the impugned order for enhancing the value as well as the penalty proceedings against this appellant. Ld. Counsel submits that similar Tribunal's ruling would apply to the facts of this case, as this is case is built on the same evidence, and part of this appeal has been set aside. He seeks for applying the ratio of the above extracted orders. 6. Heard ld. SDR who took us through various portions of the order and points out that the Commissioner has given a finding that appellant was not assisting or working as Consu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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