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2026 Supreme(Online)(CESTAT) 274

CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
Dilip Gupta, President, Hemambika R. Priya, Member
Hemendra Rai – Appellant
Versus
Principal Commissioner of Customs (Import) – Respondent


Advocates:
For the Appellants/Petitioners: Mr. A.K. Seth, Mr. Chinmaya Seth, Ms. Khushboo Seth, Ms. Garima Thirani, Mr. T. Chakrapani, Mr. Anil Kumar
For the Respondents: Mr. Nikhil Mohan Goyal, Mr. Rajesh Singh, Mr. Shiv Shankar, Mr. M.K. Shukla

JUSTICE DILIP GUPTA:

All these four appeals seek quashing of the order dated March 10, 2023 passed by the Principal Commissioner of Customs, ICD-TKD, New Delhi, the Principal Commissioner by which 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 have also been imposed upon the appellants.

2.Customs Appeal No. 55009 of 2023 has been filed by Hemendra Rai (Manager of M/s Prostar Exports Limited);Customs Appeal No. 55010 of 2023 has been filed by Aditya Gupta (Director of M/s Unclear Logistics Pvt. Ltd.); andCustoms Appeal No. 55011 of 2023 has been filed by Rajiv Shewaramani (Director of M/s Prostar Exports Limited) to assail the imposition of penalties upon them under sections 112(ii) and 114AA of the Customs Act, 1962 , the Customs Act Section 138B of the Customs Act.Customs Appeal No. 55091 of 2023 has been filed by Tulsi Das to assail the imposition of penalties upon him under section 114A and 114AA of the Customs Act.

3. The dispute is in respect of the Bi

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