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2008 Supreme(SC) 2134

S.H.KAPADIA, B.SUDERSHAN REDDY
Commissioner of Customs, New Delhi – Appellant
Versus
Siddhartha Polymers Ltd. – Respondent


ORDER :

1. Appeals admitted.

2. This batch of Civil Appeals is filed by the Department against the decisions of CESTAT, New Delhi, dated 19th June, 2007 and 14th August, 2007. For the sake of convenience we refer to the facts in the case of M/s Siddhartha Polymers Ltd. and Another.

3. A Show Cause Notice was issued on 31st March, 2003 alleging that the imported consignments had been mis-declared both in regard to description and value. In the Show Cause Notice it was alleged that Prime Quality Goods (P.C. Sheets) were claimed as re- generated/recycled which goods have been under valued at around US $ 1055 per M.T. as against the normal value of over US $ 3500 per M.T. Accordingly, the notice proposed to recover short levied duty of around Rs. 10 crores under Section 28 of the Customs Act, 1962 penalty under Section 112. The Show Cause Notice was contested by the assessees.

4. Suffice it to state that the Commissioner (Adjudication), New Delhi, came to the conclusion that as per Trade and Industry Practice only Prime Quality P.C. Sheets were used in the advertising/signage Industry and the P.C. Sheets manufactured out of recycled/regenerated polycarbonate did not find any use in the adv

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