TMI Blog2018 (2) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... recovered the invoices/commercial invoices pertaining to the goods imported under these Bills of Entry. Such invoices indicate that the goods were procured by the appellant from the foreign supplier at significantly higher prices than what has been declared to the department at the time of filing Bills of Entry - the adjudicating authority has rightly rejected the transaction value of goods imported under the 32 Bills of Entry, in terms of Rule 12 of the Customs Valuation Rules, 2007. There is no infirmity on the part of the adjudicating authority in re-determining the value of the past imported goods on the basis of such invoices - there is no need for the Revenue to collect evidence in the form of contemporaneous imports. Appeal di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Shri Sumit Chawla, authorized representative and son of the proprietor of M/s Lakshmi Enterprises, was interrogated and his statements were recorded in relation to the documents recovered from the laptop and mobile phone. In his statement dated 17.09.2015, he confirmed that the documents like invoices, proforma invoices related to consignments imported by him for which the real value of the goods was hidden from the Customs Authorities. In his further statement dated 19.01.2017, towards conclusion of the investigation, he confirmed that the grade and specification of goods imported by them in the past were not cleared in the Bill of Entry; the invoices/commercial invoices recovered could be taken for re-assessment for past import; he furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of entry, was remitted in Indian currency to the representative of supplier through un-official channels. 3. The goods covered by the current bill of entry were provisionally released to the appellant and on conclusion of investigation, SCN dated 11.08.2016 was issued to the appellant demanding the differential customs duty for past consignments. This SCN was finalized by issue of impugned order as follows :- i) Declared Customs value in respect of past clearances made under 32 bills of entry was rejected and re-determined on the basis of the documents recovered during investigation. ii) Differential customs duty amounting to ₹ 1,10,86,061/- was demanded along with interest. iii) Goods seized in various places were ordered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard Shri Prabhat Kumar, ld Advocate, representing the appellant. He explained the facts of the case as well as various grounds of appeal, in detail. 6. We also heard Shri R.K. Manjhi, ld DR on behalf of the Revenue. He submitted that the original invoices/commercial invoices pertain to the past imports were found in the laptop and mobile phone recovered during the search proceedings of 20.08.2015. Shri Sumit Chawla, in his statements, has admitted the under-valuation of the past consignments and has given his consent for re-determining the value of past consignments on the basis of the above invoices. He specifically pointed-out that none of the statements has ever been retracted. He submitted that the impugned order is fully justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the impugned order. 8. In the main grounds of the present appeal, it has been argued that transaction value was required to be accepted in the absence of evidence produced by Revenue of contemporaneous import of identical/similar goods. The appellant has argued that the documents printed-out from the electronic media are not admissible for non-compliance of specified conditions specified in the Section 138C of the Customs Act. 9. The valuation of imported goods is required to be done in terms of Section 14 of the Customs Act, 1962, read with the Customs Valuation Rules, 2007. The transaction value of imported goods can be rejected only as per the provisions of Rule 12 of the Customs Valuation Rules. In the present case, in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch objections without basis in as much as the truth of the documents printed-out from the laptop has been admitted by Shri Sumit Chawla son of the proprietor in clear terms. Further, their clear admission by him that these invoices recovered, reflect the correct valuation at which the transaction was concluded with the valuation supplier. Further the appellant was given an opportunity to prove the correct transaction value of the goods imported under 32 bills of entry by providing bank attested genuine invoices but Shri Sumit Chawla did not make same available. On the other hand, in his statement dated 19.01.2016, that the prices indicated in the invoices/commercial invoices could be taken for assessment of all past imports as the rate of p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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