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2020 (12) TMI 131 - HC - CustomsProvisional release of seized goods - contention of the Department, is that the bills of entry and the invoice value shown therein were grossly undervalued - HELD THAT:- The Managing Partner in his voluntary statement agreed to produce the parallel invoices with respect to the 25 invoices referred to in the other 25 bills of entry. The same having not been produced, a computation was made of the probable undervaluation based on the average undervaluation; practiced by the appellant in the recovered parallel invoices. On a rough computation, the liability to duty with interest would come to ₹ 18,11,000/-. There would also be penalty payable, in which circumstances a further amount of ₹ 25,00,000/- has been provisionally assessed, which demand was raised in Exhibit P8 for provisional release. Considering the prima facie proof of undervaluation practiced, we do not see any infirmity in the provisional release order. ₹ 25,00,000/- demanded therein is not a replication of the ₹ 20,72,000/- already paid by the appellant. The differential duty already paid is with respect to the recovered parallel invoices and the demand now raised in Exhibit P8 is based on the computation of probable undervaluation with respect to the other bills of entry, which also disclosed only lesser invoice value as admitted by the Managing Partner of the appellant. Appeal dismissed.
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