GENUINE SPARES (INDIA) Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) These are applications filed by the appellants in Appeal Nos. C/79 -81/2003 -NB(A) seeking dispensation with the pre -deposit.

(2.) The appellant M/s. Genuine Spares India had imported a consignment of floor sweepings of plastics and acrylic sheet off cuts vide invoice No. 2327, dated 28 -6 -96. The total CIF value declared in the invoice was US 20203.71. Bills of Entry Nos, 82 and 83, dated 31 -8 -96 were filed. The declared CIF value and assessable value on which clearance was allowed are given below : -

(3.) The imports by M/s. Genuine Spares (India) were effected through their supplier in Singapore and the actual shipment of the consignment was made from Antwerp, Belgium. Inquiries were made by the officers of Directorate of Revenue Intelligence, Jaipur (DRI) with Belgium Customs through the High Commission of India, Great Britain for ascertaining the actual value of the goods. It was reported by the Belgium Customs that the consignments imported vide Bills of Entry Nos. 82 and 83 both dated 31 -8 -96 were purchased by M/s. Sineximco Pvt. Ltd., Singapore from M/s. Gemini Corporation Antwerp, Belgium for a price of US 700 per Tonne CIF Nhava Sheva and US 632 per Tonne CIF Nhava Sheva respectively. As per report the total value of the consignment imported vide Bill of Entry No. 82 works out to be US 7084.00 CIF Nhava Sheva and for Bill of Entry No. 83 US 43195.30 CIF Nhava Sheva. It was alleged in the show cause notice that M/s. Genuine Spares India submitted a false invoice showing lower value of consignment covered by Bill of Entry No. 82 as [US 3116.96(CIF) @ US 308 PMT]. Similarly, for the consignment under Bill of Entry No. 83 submitted a false invoice showing a lower value of [US 17086.75(CIF) @ US 250 PMT]. In the show cause notice it was further alleged that the correct assessable value will be Rs. 2,55,070/ - in respect of Bill of Entry No. 82 and Rs. 15,55,311/ - in respect of Bill of Entry No. 83. Total differential duty demanded was to the extent of Rs. 5,60,655/ -. The adjudicating authority affirmed the demand and passed order confiscating the goods. Redemption fine of Rs. 1,40,000/ - was imposed. A penalty of Rs. 5,60,655/ - was imposed on M/s. Genuine Spare (India) Ltd. and penalty of Rs. 2,00,000/ - each on the partners Sanjay Gupta and Rajesh Kataria. Interest under Section 28AB was also ordered.