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2014 (1) TMI 1220 - AT - CustomsValuation goods - Import of palm fatty acid distillate - Mis declaration of goods as “mixed acid oil or palm fatty acid or mixed fatty acid” - Confiscation of goods - Held that:- from the perusal of the show cause notice, it is clear that the statement of Shri Rakesh Kumar, the indenter of the foreign supplier has been relied upon as evidence of under-invoicing against the appellants as in this statement he had implicated the appellants by stating that while it is palm fatty acid distillate, which was being imported, the same in order misdeclared its value was being mis-declaring as “mixed fatty acid” and that as against prevailing price of 340 U.S. $ per M.T. for palm fatty acid distillate, the suppliers were declaring the price as 180 U.S. $ per M.T. and the balance was being paid to the suppliers by the importers in advance through unofficial channels - since the appellant had given reasons for seeking cross- examination of Shri Rakesh Kumar, the same cannot be denied just on the ground that he is a co-noticee and cannot be compelled to give evidence which will incriminate himself - Decided in favour of assessee.
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