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2019 (6) TMI 335 - AT - CustomsValuation of imported goods - enhancement of the assessable value - retraction of statements - imposition of penalties - HELD THAT:- The enhancement of the assessable value stands done by the Lower Authorities based upon the comparison of the original commercial invoices issued by the Chinese supplier and invoices produced by the appellant before customs. The appellant had not advanced any justifiable reasons to show issuance of two separate invoices and has not established that commercial invoice was not the correct value of the imported goods. The said fact further stands corroborated by the statement of Shri Dharmendra Kumar which have not been retracted - the enhancement of the value leading to confirmation of demand of duty of ₹ 1,85,212/- and of ₹ 6,524/- are appropriated. Penalty u/s 112(b)(ii) of Customs Act - HELD THAT:- Penalty are to the extent of 100%, without giving any option to the appellant to pay reduced penalty of 25% within a period of 30 days of the passing of the order. As such while upholding the imposition of penalty to the extent of 100% in terms of said Section 112, we hold that if the appellant deposits the said penalty within the period of 30 days from the passing of the present order, the same shall stand reduced to 25%. Penalty u/s 114 A and 114AA of the Customs Act - HELD THAT:- As the appellant have already been imposed penalty under Section 112 of the Customs Act, separate imposition of penalty to the extent of almost 5 times of the differential value of the goods is not justified - the penalties imposed under Section 114 and 114AA of the Act are set aside. Appeal allowed in part.
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