TMI Blog2002 (9) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-5-2002 by which the Order in-Original dt. 19-4-2002 has been confirmed. However, the Commissioner (Appeals) has modified the order by reducing the penalty amount to Rs. 2,30,000/-. The charges against the appellants was that they had filed Bill of Entry No. 370253, dated 2-1-2002 under DEPB Scheme for clearance of 83.46 M.Ts. of non-alloy re-melting scrap. The value declared was US $ 110 PMT and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nhance the value there has to be evidence of the contemporaneous import and mere admission made by the party under duress cannot be a ground for enhancing the value. They submit that the value is correct one. The revaluation at enhanced value has to follow due process of law. It is pointed out that the Commissioner (Appeals) has not given any detailed findings on valuation but on the other hand ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... large number of judgments to show that the burden of proof to revise the valuation is on the Revenue under reviewing and the valuation cannot be enhanced merely on presumption and assumption. We have considered this plea and agree with the appellants that there has to be proof of contemporaneous import to enhance the value. Mere admission of the party will not give scope to the DRI to enhance the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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