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2013 (9) TMI 100 - AT - CustomsDemand of differential duty - Misdeclaration of Goods - Held that:- On examination of the goods, it was found that there was gross mis-declaration in respect of nature of the goods as also their value - In order to ascertain the value of the goods a market survey was conducted in which the AR of the assesse was present and the assesse also admitted to the valuation done on the basis of market survey in a statement - the assesse paid the differential duty willingly without any protest. Once the assesse had admitted to under-valuation and mis-declaration of goods and also discharged the duty liability willingly - he cannot turn around and now say that the valuation done by the Customs authorities was not sustainable in law – determination of the value by the Customs authorities and the confirmation of duty demand As regards absolute confiscation of goods during the hearing before us, the appellant had pleaded for allowing re-export of these goods. We find merit in this request - Re-export of toys were allowed. Confiscation of goods U/s 111(d) – Penalty u/s and 112(a) and 114A - Held that:- Redemption fine was reduced – Considering the assessable value of the goods the redemption fine imposed was on the higher side - Held that:- There was no reason to interfere with the amount of penalty in case of mis-declaration on the part of the assesse - penalty u/s114A was justified – There was no reason to impose a nominal penalty u/s 112(a) thus it was set aside -Regarding the equivalent penalty imposed on the importer u/s114A - Decided against assesse.
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