JUSTICE DILIP GUPTA:

All these four appeals seek quashing of the order dated December 29, 2023 passed by the Principal Commissioner of Customs. The declared value of the goods has been rejected under rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the 2007 Valuation Rules read with section 14 of the Customs Act, 1962 , the Customs Act and re-determined under rule 3. Penalties under section 112(a)(ii) and section 114AA have been imposed upon the four appellants.

2. The dispute is in respect of the Bills of Entry that were filed relating to furniture and furniture parts that were imported.

3. The appeals were heard on two issues relating to the applicability of section 138B and section 138C of the Customs Act.

Section 138B of the Customs Act

4. The Principal Commissioner has relied upon statements made by the appellants under section 108 of the Customs Act to record a finding regarding mis-declaration and under-valuation of the goods, but these statements were retracted by the appellants in their replies.

5. Section 108 of the Customs Act deals with power to summon persons to give evidence and produce documents. It provides that any Gazetted Of