At, High Court of Gujarat At Ahmedabad
By, THE HONOURABLE MR. JUSTICE S.R. BRAHMBHATT & THE HONOURABLE MR. JUSTICE A.Y. KOGJE
For the Appellant: R.J. Oza, Advocate. Respondent: --------
S.R. Brahmbhatt, J. (Oral)
1. Shri Chitan Dave, learned advo
Please Login To View The Full Judgment!
cate for the appellant appears in place of Shri R.J. Oza, learned advocate for the appellant.
2. Learned advocate for the appellant has contended that it is a case of under-invoicing of huge proportion and for the valuation of the goods in question the method adopted and accepted by the Adjudicating Authority as is not at all taken into consideration by CESTAT.
3. Hence, ADMIT.
4. Following question of law is framed :
Whether, in the facts and circumstances of the case, the Tribunal has erred in holding that upon re-determination of value of the export goods by the Department, no penalty could be imposed under Section 14 of the Customs Act?