COMMISSIONER OF CUSTOMS Vs. SHAKTHI TRADING CO. EXCISE

JUDGEMENT

(1.) Nobody is present on behalf of the Respondents. Accordingly we have heard the Ld. DR and have gone through the records.

(2.) As per the facts on record that the appellants filed a Bill of Entry No. 13815 dt. 6.4.93 for clearances of certain electronic components viz. LED Displays, Crystals and Multi -Layer PCBs. They enclosed a copy of invoice No. SIL -93 -3 -088 dt. 23.3.93 of the foreign supplier, M/s. Sir International Ltd., Hong Kong. The value declared as per invoice was Hong Kong 7218.37 which worked out to Rs. 36,088 at 61 paise each for LED display, 31 paise for crystal and Rs. 5.93 paise each for multi -layer PCB. Both the importer and the C.H.A on behalf of the importer have subscribed to a declaration as to the truth of the contents of B/E under Section 46(4) of the Customs Act, 1962.

(3.) On the inspection it was noticed that populated PCBs were imported as against declared multi -layer PCBs. The importers produced a revised invoice from the supplier for Honk Kong 24127.57 alongwith the fax letter dt. 20.4.93 from the suppliers which stated that the populated PCBs were wrongly shipped instead of the multi -layer PCBs due to oversight. Further, investigation revealed that the prices declared in the revised invoice were very low and could not be accepted as transaction value. Based upon the facts proceedings initiated against the Respondents which culminated into an order passed by the Assistant Commissioner enhancing the assessable value of the goods and confiscating the same with an option to the Respondents to redeem them on payment of redemption fine of Rs. 50,000. In addition, personal penalty of Rs. 20,000 imposed upon them.