INNOBIZ ELECTRONICS (P) LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE applicant has filed this application for waiver of pre -deposit of duty of Rs. 12,90,942/ - along with interest and penalty. Heard both sides and perused the records.

(2.) THE applicant imported "COOKMATE" brand induction cooker. It has been alleged that the applicant mis -declared the description as spare parts of induction cookware so as to avoid MRP based assessment and grossly undervalued the value and quantity. The learned counsel submits that the entire demand was raised against three Bills of Entry. He submits that the present Bill of Entry No. 3579164, dated 23 -5 -2011 is lying with the Department. He further submits that the demand raised for the earlier two consignments are vide Bill of Entry dated 21 -2 -2011 and 15 -4 -2009 (sic). He fairly submits that at this stage he is not disputing the undervaluation which relates to about Rs. 4.5 lakhs. He strongly raises the point that the assessment under Section 4A of the Central Excise Act, 1944 for CVD is not correct. It is contended that they have raised the issue before both the authorities below that the goods imported were in SKD condition and not ready for retail sale and therefore Section 4A would not apply. It is further contended that both the authorities below had not given any finding on this issue. The learned counsel submits that they have already deposited a sum of Rs. 2,80,000/ - which has been appropriated in the adjudication order. It is also contended that they have filed an early hearing application which may be considered.