2009 (3) TMI 730

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt. [Order per : Justice R.M.S. Khandeparkar, President]. - All these applications arise in the appeals filed against common order dated 4-11-2008 passed by Commissioner, New Delhi. Since the common question is involved in all these appeals, the same were heard together and are disposed of by this common order. 2. The records prima facie disclose that consequent upon investigation carried .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r the year 2006 alone, the prices disclosed therein could not have been applied for the previous years and this aspect has not been considered by the Commissioner. It is also sought to be contended that the admission statement was retracted and therefore no value could have been attached to the alleged admission. It was further contended that whatever amount has already been deposited should be ad .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... esulted in evasion of the duty. The factum of undervaluation not only reveals from the documents retrieved from the computer seized from the appellant but there is also an admission of the said fact by the appellant. Though, it was sought to be contended that the statement was retracted, neither there is any such finding in the impugned order nor any material produced before us to substantiate the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s heavier upon the importer to disprove the same, and mere failure in that regard to collect the documentary evidence in relation to correct valuation would not of the any significance. 8. In the circumstances, prima facie, we do not find any irregularity in the findings, and there is no justification for exercising the discretion in favour of the appellant for reducing amount of deposit in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... amount to the extent of 70% and direct to deposit 30% towards penalty alongwith remaining duty amount. Hence the applications for stay are partly allowed to the extent of reduction of 70% of penalty. Apart from the requirement to deposit the entire amount of duty demanded under the impugned order, the appellant need to deposit penalty upto 30% only within eight weeks. The appeals to be listed for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X