WINTECH INC. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS is an application by M/s. Wintech Inc., for waiver of predeposit of Customs duty amount to Rs. 27,61,075/ - and equal amount of penalty plus another penalty of Rs. 1,68,114/ -.

(2.) SHRI V. Balasubramanian, ld. Adv., mentioned that the applicants had import second -hand components of photocopier machines; that the value declared by them was not accepted by the Department and after waiving the requirement of show cause notice, the matters were adjudicated and the value was enhanced by applying Rule 8 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988; that on the basis of these adjudication orders, they had paid the Customs duty and got the goods cleared from the Customs charge; that subsequently another show cause notice has been issued allegedly on the basis of certain documents seized from the possession of Mr. C.K. Geever; that these documents are unsigned and are photocopies; that in his cross -examination, Mr. Geever had deposed that these were projected sales for the purpose of taking bank loan.

(3.) WE have also heard Smt. R. Bhagya Devi, ld. SDR, who reiterated the findings as contained in the impugned order and emphasized that the documents, which came into possession of the Department, subsequent to the earlier adjudication clearly revealed that the imported goods had been highly undervalued.