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Commissioner of Customs & Another Versus M/s Contessa Commercial Co. Ltd & Other

2015 (10) TMI 763 - SUPREME COURT

Over valuation of items imported - Consignment of CD ROMs declared as computer software Appellant alleged that consignment was overvalued and Respondent wrongly claimed benefit of exemption Notification No.11/97-Cus and evaded payment of excise duty Respondent contends that Electronics and Computer Software Export Promotion Council opined that goods were computer software and valuation so made is fair and correct and the same would be exempted under the Notification Held That:- Revenue acc .....

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JJ. For the Petitioner : Mr K Radha Krishnan, Sr. Adv. Mr Arijit Prasad, Adv. Mr A Gupta, Adv. Mr B Krishna Prasad, Adv For the Respondent : Mr Vikram S Nankani, Sr. Adv. Mr Alok Yadav, Adv. Mr Somnath Shukla, Adv. Mr Udit Jain, Adv. Mr Praveen Kumar, Adv. Mr. Siddharth Singla, Adv. Mr Sudarshan Singh Rawat, Adv. Mr S K Bagaria, Sr. Adv. Ms Bina Gupta, Adv. Mr Ranjit B Raut, Adv. Mr. Abhay A Jena, Adv ORDER The respondent-company herein had imported a consignment of CD ROMs from M/s. Gulf Softw .....

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ing huge quantity of junk software on CD ROMs from Gulf countries without payment of customs duty and also declaring very high value of such goods thereby availing various benefits by indulging in those practices. On that basis, search was conducted at the premises of the respondent-company on 25.07.1998. However, nothing incriminating was recovered during that search. The Authorities also recorded the statement of one Mr. R.K . Kishorepuria, Director of the respondent-company under Section 108 .....

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-Cus dated 01.03.1997 and evaded payment of excise duty thereby. We may also mention at this stage that before completing assessment, opinion from the Electronics and Computer Software Export Promotion Council was sought which it gave vide its letter dated 19.06.1998. This expert body opined that the goods were computer software and value which was declared appeared to be fair in the international market for the titles of such goods. Notwithstanding, the Order-in-Original passed by the Adjudicat .....

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