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 912 - AT - Customsconfiscation - imported old and used photocopier - option to pay redemption fine - imposition of penalties - importation without license - contravention of the provisions of Foreign Trade policy - valuation of consignment - enhancement of assessable value - identical issue raised in the case Katrina Deals vs. CC, New Delhi [2015 (7) TMI 148 - CESTAT NEW DELHI] - Held that: - It is well settled that valuation has to be done based upon the evidence and not upon the doubts. The assessable value has to be arrived at on the basis of the provisions of Customs Valuation Rules, 2007, which have been the subject matter of various decisions of High Courts, in which it stands held that the said rules have to be followed striatum wise and the transaction value has to be first rejected by producing sufficient and tangible evidence - enhancement of value not required. Confiscatability of the imported machines or imposition of penalty on the allegation of violation of foreign trade policy not disputed - Redemption fine and penalty upheld but amount reduced. Appeal disposed off - decided partly in favor of appellant.
|