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M/s. Fairy Footwear Versus Union of India & Ors.

2015 (9) TMI 1140 - BOMBAY HIGH COURT

Valuation of goods - Undervaluation of goods - Seizure of goods - Held that:- Revenue was keen on supporting the allegation and based on which the show cause notice came to be issued. Whereas the applicant ¬petitioner before us was not ready and willing to accept the same. If there was no settlement possible, then, the Commission should have relegated the petitioner to adjudication. The petitioner made the choice and if it does not want any settlement by application of mind by an independent com .....

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ccordance with law. - petitioner is also agreeable to the Revenue retaining a sum of ₹ 17,61,172/¬ towards duty but without prejudice to the rights and contentions of both sides. - Decided in favour of appellants. - Writ Petition No.4922 of 2015 - Dated:- 3-8-2015 - S.C. Dharmadhikari & G.S. Kulkarni, JJ. For the Petitioner : Mr. Sujay Kantawala with Mr. Brijesh Pathak For the Respondent : Mr. Pradeep S. Jetly ORDER P.C. : 1. We have heard Mr. Kantawala, learned counsel appearing in su .....

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record the submissions from the Revenue in regard to the worksheet. The Commission has heavily relied on this worksheet and comments of the Revenue on the same. The worksheet was not specifically rejected by the department and the comments of the revenue thereon after having been noted, the Commission proceeded and held that though the worksheet is supplied the actual value of the past consignments have been stated and reflected therein only from the memory of the applicant petitioner and it is .....

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ontends that the valuation done by it, is not very high in comparison with the value available for similarly seized goods. In that regard our attention is invited to paragraphs 13 and 14 of the Show Cause Notice and it is urged that the Revenue could not obtain any material so as to determine the value for similarly seized goods. Thus, it does not have any material for comparative analysis. Mr. Kantawala submits that if the petitioner was cooperating and the Settlement Commission was inclined to .....

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er. The petitioner is accepting the adjudication by the Commission in so far as the amount of interest and fine. The petitioner has also derived benefit from this order in the form of immunity from payment of fine in excess of ₹ 2,00,000/­. In the circumstances, the Writ Petition should not be entertained and on disputed question of fact. Further, it is submitted that the petitioner cannot now set the clock back and without demonstrating any prejudice on account of alleged breach of pr .....

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Section 108 of the Customs Act,1962 wherein the petitioner had agreed to submit original invoices, but the original invoices were not submitted. The differential duty was, thus, worked out without any documents. The petitioner's worksheet was rejected for want of supporting documents and the Commission relied upon paragraph 14 of the Show Cause Notice. 5. We are of the opinion that the Revenue was keen on supporting the allegation and based on which the show cause notice came to be issued. .....

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