2007 (4) TMI 57

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..... the Customs Act on the ground that he was aware of the value of simi1ar goods imported and cleared from another port viz., Nhava Seva (Bombay) Port and he ought to have brought to the notice of the department about the undervaluation in these imports. The appellant's contention is that he was not aware of the factors leading to price being lower, as there was time gap between the imports and as t .....

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..... the admissions made and statements re corded to show that appellant was implicated by the other persons. He submits that the appellant knew about the clearance of the goods at higher rate. He ought to have brought to the notice of the department. 5. The learned consultant submits in reply that knowledge of similar goods having been imported at higher price cannot be considered to be an of fence o .....

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..... s being sold at lesser value cannot prima facie be considered to be a case coming within the ambit of abetting the offence of undervaluation. We are satisfied that the appellants have made out a case for waiver of penalty of Rs. 2/- lakhs. The stay application is allowed. The Miscellaneous Application for hearing of the stay application has become infructuous, as the stay application has been hear .....

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