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2018 (8) TMI 1833 - CESTAT ALLAHABADValuation of imported goods - Heavy Melting Scrap - enhancement of value based on NIDB data - HELD THAT:- The allegations and findings that the consignment partially consisted re-rollable scrap are based upon the visual examination of the goods by the Customs Officer himself and there is virtually no evidence of any expert person to establish it beyond doubt that the goods were not Heavy Melting Scrap but re-rollable scrap. The appellant have explained that so called re-rollable scrap was old used and defective materials which were imported for the purposes of utilization in furnace, as Heavy Melting Scrap - the value was enhanced by referring to NIDB data on which has been held to be not in accordance with law. There was misdeclaration as regards the quantity of the material. The excess quantum is almost one third (1/3) of the total weight of the goods declared by the assessee, thus calling for their confiscation and imposition of penalty upon the appellant - the said excess goods would be cleared by the appellant on payment of duty leviable thereon by adopting the declared value. Redemption Fine - penalty - HELD THAT:- Commissioner has confiscated the entire consignment on the findings of undervaluation with an option to the appellant to redeem the same on payment of redemption fine of ₹ 4 lakhs as has imposed penalty of ₹ 2 lakhs. Inasmuch as we have extended the benefit of valuation and has upheld confiscation of only the excess found goods, we reduce the redemption fine to ₹ 1 lakh and penalty to ₹ 50,000/-. Appeal allowed in part.
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