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2013 (10) TMI 1203 - AT - CustomsValuation - Import of artificial marble slabs - Import of restricted goods without licence - Benefit of Notification No.41 (RE-2008)/2004 - 09 - Held that:- a restricted goods cannot be converted into freely imported goods since import was made without valid license and that is patent from record. Goods in question therefore do not loose the character of restricted goods. By artificial adoption of the value, restricted goods, do not become unrestricted goods. Accordingly valuation adopted by Customs has no basis on law for which declared value rejected by Customs is reversed. Once the restricted goods imported were subject to licence condition which was not fulfilled by the appellant, there is no scope to interfere with the redemption fine and penalty imposed by Customs. Therefore, these two levies are confirmed. Ld. Adjudicating Authority shall verify the challans, if any, showing deposit of duty, redemption fine and penalty and grant consequential relief of refund if any that may arise upon proper verification in accordance with law - Decided partly in favour of assessee.
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