Against this order passed by the Collector of Customs, an appeal was filed by the appellants before the Board and the Board maintained the order passed by the Collector of Customs.
172 of 1979 From the Judgment and order dated 4.4.1978 of the Delhi High Court in Civil Writ No.
The Customs authorities also held that the price shown by the appellant on the basis of invoice was much lower than what the price actually should be.
On revision, the Central Government reduced the penalty from Rs.1,47.000 to Rs.
Against this the appellant preferred a writ petition before the Delhi High Court which was dismissed by a Division Bench of the High Court by its judgment dated 4th April, 1978 and aggrieved by this the present appeal has been preferred.
to the Customs authorities the price came to Rs.2,98,359.
One lac only.
On this basis, a show cause numberice was issued and after hearing the appellant, the Collector of Customs Bombay by order dated 29.12.73 found that the appellants had companymitted breach of Section 111 d of the Act and also Section 111 m of the Act and for both the companynts the penalty was imposed on the appellants.
The price shown by the appellant on the basis of invoice was Rs.77441 whereas according.
Under Section 111 d the penalty imposed was Rs.1,12,000 in lieu of companyfiscation of goods and for breach Section 111 m a penalty of Rs.
m of Section 111 of the Customs Act, 1962 Act for short .
The appellants imported 27 knitting machines as the appellants owns a hosiery factory in 1972.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
261 of 1978.
The appellants held an import licence for import of knitting machinery.
1.47,000 was imposed under Section 112 of the Act.
According to the Customs authorities the machinery was number new as the licence permitted to import, but was old reconditioned.
R. Aggarwala for the Appellants.
The Judgment of the Court was delivered by OZA, J. This appeal on special leave arises out of a Judgment of the Delhi High Court dated 4th April, 1978.
P. Sharma for the Respondents.
The leave is granted on a limited question as regards the question of interpretation of sub clause .
