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CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
Dilip Gupta, President, Hemambika R. Priya, Member
Hemendra Rai – Appellant
Versus
Principal Commissioner of Customs (Import) – Respondent
| Table of Content |
|---|
| 1. challenges to penalty imposition for undervaluation. (Para 1 , 2 , 20) |
| 2. allegations based on testimony and documentary evidence. (Para 3 , 4 , 5) |
| 3. procedural requirements for evidence admissibility addressed. (Para 6 , 8 , 9 , 10 , 12 , 13) |
| 4. reliance on inadmissible statements cannot support penalties. (Para 17 , 19) |
| 5. resulting decisions on appeals and penalties. (Para 21) |
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 Shewaram
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