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2011 (3) TMI 1375

Head Note:
Demand of differential duty under Section 28(1) of the Act from the applicant - information was gathered by CIU, JNCH that the applicant was misdeclaring the description of the imported goods. The information further disclosed that the said applicant had attempted to clear Secondary/Defective Cold Rolled Stainless Sheets Grade 201 by declaring the same as ‘Prime’ in home consumption - applicants have admitted the charge of undervaluation as alleged in the SCN, applicants have admitted additional duty liability and have paid the same in true spirit of settlement, there had been a preplanning in the mis-declaration and undervaluation of the subject goods as alleged in the SCN, which has a bearing on imposition of penalty, differential Customs duty payable, amount stands paid by the applicant and confirmed by the Revenue, Since the duty was paid before the goods were cleared, interest is not applicable, immunities are granted under sub-section (1) of Section 127H of the Act. Attention of the applicants are also invited to the provisions of sub Section (2) and (3) of Section 127H ibid, order of settlement shall be void in terms of sub-section (8) of Section 127C of the Act


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