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2016 (11) TMI 1518 - CESTAT NEW DELHIValuation - memory cards of 2 GB and 4 GB - contention of the appellant is that though there was misdeclaration, but the same was not intentional inasmuch as the declaration of the value was based upon the invoices raised by the foreign supplier - Held that: - appellant’s arguments that the said misdeclaration was not intention, cannot be appreciated inasmuch as the intention, which is only in the mind of a person has to be gathered from the circumstances. The appellant very well knew that the value of the goods was much on the lower side as they themselves imported the same at a higher value vide previous Bill of Entry. As such, it was their legal obligation to declare the correct value in the Bill of Entry - demand of duty with penalty upheld. Redemption fine - Held that: - Inasmuch as the differential duty was around ₹ 95,000/- for which the adjudicating authority has imposed a penalty of same amount, we deem it fit to reduce the same to ₹ 95,000/-. Appeal dismissed except reduction of redemption fine.
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