M. Gouri Shankar Murthy, Member (J)

1. The facts in so far material, in this appeal to the Central Board of Excise and Customs, transferred to be heard by the Tribunal as if it were an appeal before it pursuant to the provisions in S. 131-B(1) of the Customs Act, 1962 [hereinafter, the Act] are :

(a) after negotiation with the Maharashtra Hybrid Seeds Company, (an Undertaking of the Maharashtra State Government) as well as 'their principal M/s. Gunsuns Sortex Ltd., (of Fairfield Road, London, England) the appellant purchased and imported six nos. Sortex Electronic Colour Seperators (ex. demonstration machines in good condition) conforming to Model 425 together with recommended spares. The Bill of Entry was filed on 7-1-1982, declaring, inter alia, their aggregate assessable value to be Rs. 7,80,029/- ;

(b) a notice dated 10-5-1982 was issued to the appellant, alleging misdeclaration of the value and absence of Import Licence cover and consequently commission of offences under Section 111 (d) and (m) of the Act, and requiring the appellant to show cause as to why the goods in question should not be confiscated under Section 111 and a penalty imposed on the appellant under Section