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2013 (8) TMI 507 - CESTAT BANGALOREBenefit of Notification No.25/99 - Duty liability for shortage of the quantity imported by availing the benefit of Notification No. 25/99(Cus) read with Customs (Import of Goods on Concessional Rate of Duty for Manufacture of Excisable Goods) Rules - Held that:- The findings recorded by the adjudicating authority for confirming the demand were correct upheld - the assesse was not able to prove the case - As per the said Customs Rules, it was mandated that the appellant should and maintain the stock registers of the goods imported at concessional rate of duty for the use in his factory – In the absence of any such evidence that the said short found quantity was in fact used by the appellant in his factory premises for the purpose of manufacture – Decided against assesse. Penalty u/s 112(a) – Held that:- Managing Partner needed to be penalized for his activity - penalty imposed by the adjudicating authority u/s 112(a) was reduced to half - As the penalty was not proportionate to the demand of the duty which had been confirmed - the person who was looking after the day-to-day affairs of the company should have been more diligent to check and counter¬check the stock position in his factory premises - Due to the non-effective supervision there was a shortage which were imported under concessional rate of duty – decided partly in favor of assesse. Valuation - Transaction value, rejection on suspicion that same underdeclared - Misdeclaration of goods – following the judgement of Crystal Dot Scan Pvt. Ltd. v. CC&CE, Hyderabad-II [2010 (7) TMI 708 - CESTAT, BANGALORE] - Held that:- if value declared is rejected, Revenue should establish with details of contemporaneous imports of such or similar goods, that the price declared is not correct transaction value and the value has to be determined under CVR - Commissioner did not reject the transaction value for valid reasons in the absence of contemporaneous imports of comparable CTP machines at higher prices. - the revision of price, demand of differential duty and interest, confiscation of the impugned machine on the ground that the importer had mis-declared its value and consequent penalties were not sustainable – Decided against revenue.
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