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2026 Supreme(Online)(CESTAT) 327

CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
P. Dinesha, J, Vasa Seshagiri Rao, Technical Member
Shri Tukaram Rao Devraj – Appellant
Versus
Commissioner of Customs – Respondent


Advocates:
For the Appellant: Mr. A.K. Prasad
For the Respondent: Ms. Rajini Menon

Table of Content
1. appellant's challenge to undervaluation and penalties based on customs law. (Para 1 , 2)
2. arguments regarding valuation and compliance with statutory requirements. (Para 4)

Per Mr. VASA SESHAGIRI RAO

The present appeal has been filed by Shri Tukaram Rao Devraj, Proprietor of M/s. Multitek Engineers, Bangalore (the Importer-Appellant), against Order-in-Appeal Nos. 269 and 270 of 2016 dated 04.07.2016 passed by the Commissioner of Customs (Appeals), Chennai. By the impugned orders, the Commissioner (Appeals) upheld Order- in-Original No. 106/2016 dated 17.02.2016 and also allowed the Department’s appeal for inclusion of interest in quantification of mandatory penalty under Section 114A of the Customs Act, 1962 .

2.1 The Importer-Appellant is engaged in the import and trading of rubber belts and PVC conveyor belts for industrial consumers. During the relevant period, imports were effected through Air Cargo Complex, Chennai, from suppliers located in China, Korea, Singapore and Italy.

2.2 On receipt of specific intelligence, the DRI, Bangalore initiated investigation alleging systematic undervaluation of imports by about 25% of the actual transaction value and remitta

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