ADD INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS, KANDLA

JUDGEMENT

(1.) THIS application for restoration of appeal is filed which was dismissed by our order dated 19 -8 -2011 for non -prosecution.

(2.) AFTER hearing both sides for some time on the miscellaneous application for restoration of appeal, we find that the appellant had justified the reasons for non -appearance on 19 -8 -2011. Accordingly, we recall our final order dated 19 -8 -2011 and restore the appeal to its original number. Since the appeal is of 2006, with the consent of both sides, the appeal is taken up for disposal.

(3.) THE issue involved in this appeal is regarding the enhancement of value of the goods imported into India. The appellant herein had imported into India 6 containers of goods by a contract No. TIL 101 and TIL 102, both dated 13 -9 -2002 and amount of 28,944 US Dollars of the import value was made by the appellant to the foreign supplier. After import of the said goods, the appellant herein took time to clear them by filing Bills of Entry and no reasoning was forthcoming for this action from the appellant. Consequently, Show Cause Notice was issued to the appellant herein directing him to show cause as to why the valuation of the product imported may not be enhanced and why the penalty may not be imposed on them. The appellant contested the Show Cause Notice before adjudicating authority and adjudicating authority did not accept the contentions raised by the appellant and confirmed the enhancement of the value of the consignment and imposed penalty of Rs. 5 lakhs on the appellant, under Section 112 of Customs Act, 1962.