TMI Blog2018 (8) TMI 1413X X X X Extracts X X X X X X X X Extracts X X X X ..... be initiated - there is no observation made to prejudice one side or the other. What prima facie appears is that now that the goods are allowed to be re-exported, the question of payment of customs duty, on revised valuation even if it were to be ultimately established, would not survive. Of course there would be question of penalty and personal penalties in case the charges of mis-declaration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LE MR.JUSTICE AKIL KURESHI) 1. The petitioner has challenged a condition contained in the communication dated 03.07.2018 to enable the petitioner to reexport the consignment of goods which the petitioner desired to import. The litigation has longish history. We may record only relevant facts. 2. The petitioner is a private limited company and has a manufacturing unit in SEZ, Kandla. The pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its value on such re-determination. 3. Having heard learned counsel for the parties and having perused the materials on record it appears that according to the petitioner, the total value of the imported goods was ₹ 14.29 lacs (rounded off). The DRI authorities estimated the value thereof at ₹ 253.38 lacs (rounded off). This was, primarily, on the basis of investigation carried out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , there may be a question of imposition of penalty under section 112 of the Customs Act. 5. On the other hand learned advocates for the respondents submitted that investigation is going on. At this stage, there is strong prima facie evidence to suggest gross undervaluation of the goods in question. To evade customs duty, since part of the imported goods would be diverted, DRI undervaluation wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lties is by maximum permissible ceiling. It is not necessary to impose maximum possible penalties in every case. 7. Considering such facts and circumstances of the case, we modify the condition of Bank Guarantee to 25% of the customs duty that may be leviable on the re-determined value of the goods. The condition for providing bond for the remaining value of the goods remains unchanged upon whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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