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2017 (10) TMI 1134 - AT - CustomsValuation - enhancement of declared value - fax message seized from residential premises of Shri MKPP - Held that: - the show-cause notice admitting to compare the incomparable imports from different suppliers, from different countries and where there is an apparent difference in description of the imported product. In such a scenario, the attempt of the department to enhance the import values of all the consignments based on the fax message recovered from Shri BMS relating to B/E No.304848, dated 07.12.2000 is legally not justified - enhancement of value does not sustain. Penalties - Held that: - penalty u/s 114(a) of the CA, 1962 can be imposed only in respect of the differential liability determined in respect of B/E No.304848 - it would in the interest of justice to reduce the penalty imposed under section 112(a) ibid of Shri MKPP reduced to ₹ 10,000/-. Appeal allowed in part.
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