TMI Blog1999 (8) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... Gowri Shankar, Member (T)]. The common question to be considered in these appeals is the liability to penalty under Section 112 of the Act on Biren Shah, the sole proprietor of M/s. Neptune D cor, the appellant before us. In the order impugned in the appeal, the Collector (Appeals) has confirmed the finding of the Additional Collector (impugned before him) that the appellant under-valued two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Sachdev who is alleged to have received the difference between the actual price of the goods and the lower value in their clearance declared by Biren Shah. He further contends that the benefit of Notification 224/85 available to the appellant and even if it was incorrectly claiming the benefit of the notification, it does not constitute misdeclaration of the goods. He cites the judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uation is of the statement of Biren Shah and the letter of Neptune Ltd. As against this, there is an indication from the statement of Kishore Bhagat, the Custom House Agent who was handling the consignment that he expected that the bill of entry would be passed at the value declared because earlier material is passed on that rate . These words support the suggestion that the prevailing value at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... misdeclared and therefore their confiscation under clause (m) of Section 111 of the Act is sustainable. At the same time, the fact that similar consignments were being cleared at the lower price declared by the appellant would be a mitigating factor; Taking into account these aspects, as also the fact that total duty sought to be evaded does not exceed Rs. 6.00 lacs, we are of the view that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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