TMI Blog2011 (10) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... hip. We direct the applicants to keep the bank guarantee alive during the pendency of the appeals. - C/201 & 246/2011 - C/325-370/2011(PB) - Dated:- 19-10-2011 - Ms. Archana Wadhwa, Shri Rakesh Kumar, JJ. REPRESENTED BY : S/Shri V.S. Nankani and Ms. Shruti Sabharwal, Advocates, for the Appellant. Shri R.K. Gupta, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. All the stay petitions are being disposed of by a common order, as the issue involved in all these appeals is identical, though the orders impugned are different. The issue involved is re-determining the value of parts of wrist watches imported by the applicants and consequent confirmation of duty and interest and imposition of penalties and fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n foregoing paras, thus, these retrieved documents clearly establish the average under-valuation @ 60% of the actual value. In the past also, they were receiving such documents evidencing actual transaction value and description but they were deliberately deleting/destroying the same after taking necessary action on them, so as to escape any detection of his fraudulent activities carried on over the years. The fact of deletion/destruction of such emails and documents had been categorically confirmed by Shri Rakesh (Om Prakash Dhondiydal), the computer operator and Shri Raj Kumar Mansukhani, Manager in their respective statements who used to help him in receiving and sending emails, fax, etc. 5. Learned Advocate appearing for the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making any reference to contemporaneous imports was set aside, is apt.. As such, we find that at this prima facie stage, that the appellants have good case in their favour so as to dispense with pre-deposit of duty on the above count. 7. The demand of around Rs. 5.23 crores stands confirmed on the basis of invoice issued by Golden Wheel Impex Ltd. in favour of PA Time Industries, showing price of model No. AL 35EHC as Hong Kong $ 5 and letter dated 12-6-2006 written of All India Electronic Watch Clock Manufacturers Association stating minimum price of watch movements and calibre PC 21S as Hong Kong $ 4.20. Reliance has also been placed on another letter dated 13-7-2006 written by the Association stating minimum price of any watch moveme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e/watch with band/bracelet based upon the photocopy of the invoice dated 30-4-2006, issued by M/s. Hang Kel Watch Electroplating Co. Ltd., Hong Kong showing that price of HK $ 20 per piece as also the local invoices issued by the manufacturer in respect of watch parts sold in the domestic market. Learned Advocate submits that as per records, the said invoice was retrieved from the computer brought by the appellant to the DRI, Jaipur office. He submits that the copy of the summon issued to Shri Raj Kumar, who allegedly brought the computer to DRI do not show that he was asked to bring computer. The panchanama only relates to retrieval of the alleged data from the computer, wherein it is recorded that the panchas were informed that Rajkumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price of one solitary consignment cannot be adopted to reject the transaction value of all the consignments imported by the applicants. 10. Further some small duty of Rs. 20.53 lakhs stands confirmed on leather strap. We are not going into the details of the Commissioner (Appeals) for confirming the demand on the above ground as we find that the applicant have already given a bank guarantee of Rs. 2 crores during the period of investigation. In addition, their factory premises valued at Rs. 80 lakhs to Rs. one crore stands mortgaged with the Revenue. In view of the above facts as also prima facie finding arrived at by us as regards merits of the case, we are of the view that any further direction to deposit would cause undue hardship to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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