TMI Blog2020 (12) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... ability to duty with interest would come to ₹ 18,11,000/-. There would also be penalty payable, in which circumstances a further amount of ₹ 25,00,000/- has been provisionally assessed, which demand was raised in Exhibit P8 for provisional release. Considering the prima facie proof of undervaluation practiced, we do not see any infirmity in the provisional release order. ₹ 25,00,000/- demanded therein is not a replication of the ₹ 20,72,000/- already paid by the appellant. The differential duty already paid is with respect to the recovered parallel invoices and the demand now raised in Exhibit P8 is based on the computation of probable undervaluation with respect to the other bills of entry, which also disclosed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax was e-mailed to the appellant. The approximate duty component was indicated as ₹ 20,00,000/- in Exhibit P5. Later, on an information received orally, the appellant had remitted ₹ 20,72,000/- by Exhibit P6 series of Demand Drafts. The Department is still seeking deposit of ₹ 25,00,000/- as differential tax; which is alleged to be illegal and arbitrary. 4. The learned Standing Counsel argues on the basis of the statement placed before this Court. Exhibit P1 is the seizure memo issued, wherein a variety of toys, two mobile phones and documents obtained from the mobile data as listed in Annexure-1 were referred. Annexure-1 of Exhibit P1 has not been produced by the appellant. It is the submission of the learned Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... produce the parallel invoices with respect to the 25 invoices referred to in the other 25 bills of entry. The same having not been produced, a computation was made of the probable undervaluation based on the average undervaluation; practiced by the appellant in the recovered parallel invoices. On a rough computation, the liability to duty with interest would come to ₹ 18,11,000/-. There would also be penalty payable, in which circumstances a further amount of ₹ 25,00,000/- has been provisionally assessed, which demand was raised in Exhibit P8 for provisional release. 7. Considering the prima facie proof of undervaluation practiced, we do not see any infirmity in the provisional release order. ₹ 25,00,000/- demanded the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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