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2015 (7) TMI 261 - AT - CustomsUnder-valuation of goods - Imported computer parts - penalties imposed upon the CHA and its Managing Director separately - Held that:- As regards M/s. Indam Recycling Pvt. Ltd., we find that the demand of duty to the extent of ₹ 63.46 lakhs stand confirmed on the finding of under-valuation of the computer parts. Learned AR brings it to our notice that the appellant, during the course of investigations, have accepted the under-valuation. Further one of the live consignments, where the investigations were started by the DRI, stand abandoned by the appellant. As such at this prima facie stage, we are of the view that the said M/s. Indam Recycling Pvt. Ltd. has not made out a good prima facie case in its favour so as to dispense with the condition of predeposit of entire duty. Accordingly, we direct M/s.Indam Recycling Pvt. Ltd. to deposit an amount of ₹ 10 lakhs as a condition of hearing of its appeal. - Penalty imposed on the CHA is reduced - Decided partly in favour of Appellant.
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