SANJEEV AGRAWAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Heard both sides.

(2.) The applicant filed this application for waiver of pre -deposit of duty of Rs. 3.28 crores and penalty of the equal amount and also penalty imposed on Sh. Sanjeev Agrawal. In this case the value of the goods imported by the appellant was enhanced on the basis of export declaration obtained by the Customs authorities. The contention of the applicant is that there is no evidence that the export declaration was obtained from the Customs authorities of the concerned countries and in the export declaration; the name of the importer was shown as Paragon Synthetic Pvt. Ltd. The contention is that such export declaration cannot be the basis for enhancement of the assessable value of the imported goods in view of the decision of the Hon'ble Supreme Court in the case of CC, Bombay v. East Punjab Traders reported in 1997 (89) E.L.T. 11. We find that in this case the assessable value of imported goods were enhanced on the basis of copies of export declarations and the Revenue failed to show us the source of these export declarations. Therefore, prima facie in view of the above decision of the Hon'ble Supreme Court, the pre -deposit of duty and penalty is waived for hearing of the appeals. Adjourned to 20 -9 -04 for arguments.