Home Case Index All Cases Customs Customs + AT Customs - 2014 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 632 - AT - CustomsPenalty u/s 112 - Misdeclaration of goods - Held that:- Trade opinion may not be an expert opinion, but opinion based on long experience in the trade considering significant difference in the items of Indian origin and foreign origin may be of persuasive value and may not be thrown out only on the ground that trade opinion is not an expert opinion. If there are significant differences in shape, size, test etc. of betel nuts of Indian origin than the betel nuts of foreign origin the person in trade may form an opinion that it is of foreign origin which in the facts of the case may be accepted. It is evident from trade opinion that the recovered betel nuts on the basis of their shape, size and appearance appeared to be of foreign origin. on receipt of the show cause notice, both the appellants approached the Settlement Commission whereby the appellants admitted their liability on the ground that the appellants are the actual importers and also accepted and admitted the allegations and charges made in the show cause notice. In view of the admission made by both the appellants before a statutory authority i.e. the Settlement Commission regarding misdeclaration of the goods imported in the name of M/s. R.R. Exports, we find no merit in the contention of the appellants - Decided against assessee.
|