TMI Blog2011 (8) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... cknowledged receipt of documents relating to contemporaneous imports and had taken on record the same during the personal hearing - however he arrived at the assessable value based on some market survey conducted by the investigating agency - The so-called market survey is a sheet of paper wherein certain values are indicated without disclosing from whom these values were obtained and for what type of goods - matter remanded back. - C/362 & 388/10 - - - Dated:- 4-8-2011 - Mr. S.S. Kang, Mr. P.R. Chandrasekharan, JJ. Represented by: Mr. Advani, Advocate for Appellant Mr. A.K. Prabhakar, JDR for Respondent Per: P.R. Chandrasekharan 1. The appellant M/s Tulsi Trading Co, Masjid (West), Mumbai and Mr. Naresh Pandya, 501, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt amount of duty that seems to have been evaded amounted to Rs 20,09,664/- after taking into account the amount of duty already paid of Rs 5,90,936/-. The goods were seized vide a seizure memo dated 16.04.2008 and provisionally released to M/s Tulsi Trading Co on execution of a bond with a bank guarantee. On completion of the investigation, a show cause notice dated 26.03.2009 was issued to M/s Tulsi Trading Co, its proprietor Mr. Dewang Pandya and Mr. Naresh Pandya proposing to hold the goods imported vide the aforesaid Bill of Entry liable to confiscation under Section 111 (d) of the Customs Act, 1962 read with Section 7 of the Foreign Trade (Development Regulation) Act, 1992. It was also proposed in the notice to classify, 37236.64 sq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artmental authorities. He imposed a penalty of Rs 4 lakhs on Mr. Naresh Pandya under Section 112 (a) of the Customs Act, 1962. He however, refrained from imposing any penalty on M/s Tulsi Trading Co and Mr. Dewang Pandya. The appellants are before us against the impugned order. 3. The learned counsel for the appellant submits that as per the statements given by Mr. Naresh Pandya and Mr. Dewang Pandya, Mr. Naresh Pandya had undertaken the import activities in the name of M/s Tulsi Trading Co of which Mr. Dewang Pandya is the proprietor. The goods have been imported in the name of M/s Tulsi trading Co, as can be seen from the relevant Bills of Entry. Even though the goods have been imported at the behest of one Mr Pushparaj, who is not trac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disclose the details of the market surveys conducted and the results of such survey and accordingly the disputed valuation had been done by the Commissioner. He further submits that during the personal hearing, they had submitted invoices and import documents relating to contemporaneous imports of similar goods before the adjudicating authority.The adjudicating authority has not taken cognizance of such evidence produced by the appellants and have dismissed the same by stating that the importer has not submitted any documents in this regard. According to the appellant, if the documents submitted by them relating to contemporaneous imports is taken into consideration, the total duty payable would work out to Rs 15,69,520/- and after the adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding himself out to be the importer. In the instant case, part of the goods were seized before the clearance since it was lying in the Customs control and therefore, it cannot be said that M/s Tulsi Trading Co is not the importer. In respect of the goods seized from outside Customs premises, which have already been cleared, it is seen from the records that the goods were released to M/s Tulsi trading Co on execution of a bond and a bank guarantee. It is thus clear that it was from the possession of M/s Tulsi Trading Co that the goods were seized. Section 125 of the Customs Act mandates that in the case of goods which are not prohibited, the adjudicating officer shall give to the owner of the goods or, where such owner is not known, the per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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