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2010 (12) TMI 406 - CESTAT, MUMBAIWaiver of pre-deposit - Misdeclaration of the value - Prima facie the case of gross misdeclaration of the value by the appellants is evident on the face of records - There is no explanation forthcoming from the appellants as to how they could insure the consignments for a value which is ten times higher than the value they have declared to Customs authorities - The learned Advocate also does not have any details to support his claim that the lower values declared to Customs authorities are genuine on the face of higher values declared to insurance authorities and accepted by them for the insurance purposes - Further, the adjudicating Commissioner has taken into account the confessional statements made by the appellants themselves under Section 108 of the Customs Act, 1962 and the same are clearly admissible as evidence since neither the statements have been retracted nor any complaint has been made to anyone that these were not voluntarily given . Hence, determined the pre-deposit amount to the extent of roughly 1/3rd of the differential duty amount as voluntarily agreed on behalf of the appellants in those cases.
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