TMI Blog2003 (12) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... Exports (P) Ltd. along with imposition of personal penalty of Rs. 5,00,000/- on the second appellant Shri Rajesh Sonthalia. In addition duty on the excess found quantity has been confirmed against them on the enhanced value. 2. We have heard Shri B.N. Pal, ld. adv. for the appellant and Shri T.K. Kar, ld. SDR for the Revenue. As regards the quantity of 82.354 M.T. excess found by the Revenue officers on investigations by DRI, the appellant have not disputed the same but have submitted that the same was sent in excess by the supplier than the ordered quantity, by mistake. He submits that since the said mistake was found by them, the supplier raised an additional invoice against the appellant for the said quantity. The above plea of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings in India by DRI. This fact itself is indicative of the mala fide intention of the importer. As regards valuation he submits that L.M.E. prices should be adopted. 5. We have considered the submissions made from both the sides. As regards the misdeclaration about the quantity of the copper scrap, which is to the tune of 82.354 M.T. we find that the appellants have not disputed that the said quantity was more than the declared quantity. However, it is their contention that the same was sent by mistake by the foreign supplier. We do not find any merits in the above contention of the ld. adv. From records it is clear that the entire exercise of getting in touch with their foreign suppliers and raising of supplementary invoices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the prevailing market price, but in the absence of any contemporaneous imports of identical goods reliance on LME cannot be sustained. Inasmuch as in the present case there is no other evidence for enhancement of the value we do not find any justification in doing so. Accordingly that portion of the impugned order vide which the Commissioner has enhanced the value, is set aside. 7. Inasmuch as the appeal has been partly allowed on the point of valuation and has been partly rejected on the print of misdeclaration of quantity, we reduce the redemption fine from Rs. 15,00,000/- (rupees fifteen lakhs) to Rs. 7,00,000/- (rupees seven lakhs). Penalty imposed upon the first appellant M/s. Drunkey Exports is also reduced from Rs. 5,00,000/- ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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