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2017 (6) TMI 926 - AT - CustomsValuation of imported item - Digital Coiling Machine - two set of Assembling machine - undervaluation - Held that: - in his statement under Section 108 of the Customs Act the appellant who is a Director of the company has accepted the under-invoicing done by him - once the company has admitted the undervaluation and has paid the penalty, the appellant who is the Director of the company and also looking after the affairs of the company is equally responsible and therefore imposing the penalty on the appellant is absolutely lawful. Appellant placed reliance in the case of Bosch Chassis Esystems India Ltd. Vs. CC, New Delhi (ICD TKD) [2015 (11) TMI 549 - CESTAT NEW DELHI], where it was held that there was no wilful mis-statement on the part of M/s Bosch Chassis Ltd. The representatives of the CHA have merely relied on the invoice handed over by M/s Bosch Chassis Ltd./ Importer - this case is not applicable in the facts and circumstances of present case and is distinguishable. Appeal dismissed - decided against appellant.
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