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2014 (9) TMI 1039 - AT - CustomsDemand of Differential custom duty - Undervaluation - Import of spices by declaring custom value less than actual price - Investigation held and different confessions taken from agent and foreign suppliers - Held that: the cross- examination of the confessionary statement was conducted after more than 5 years which is clearly afterthought therefore, can not be taken into account for the purpose of defence of the appellant. Also in the confessionary statement of the manager of the appellant that he was actively involved in all the activities of the appellant , there is no dispute at all. Apart, from the statements, evidence was also recovered from the agent that the price of the goods indicated in the public ledger clearly suggests the undervaluation has been made by the appellant. Therefore, once the witnesses admitted the undervaluation and accepted the actual price contained in the fax messages of foreign supplier, then the said admitted price become the transaction value and there is no need to resort to price of contemporaneous import so, the differential demand of custom duty on such value and corresponding interest and penalties imposed under Section 114(a) of Customs Act, 1962 are upheld. Confiscation and redemption fine - Held that: confiscation of goods can only be made of physically available goods, if the same is seized and either lying under seizer or if provisionally released. As here the goods were not physically available for confiscation and redemption, the confiscation can not be made and redemption fine can not be imposed supported by various decisions. -Decided partly if favour of appellant
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