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2015 (10) TMI 2832 - AT - CustomsLevy of penalty u/s 114AA of the Customs Act, 1962 - price declared is lower than the initial export price of US $ 2.50 per KG - export of certain quantities of metalised film to M/s. Alcan Packaging Strongpack Public Company Ltd., Thailand through CFS, Ludhiana - HELD THAT:- It is an admitted fact on record that the impugned goods were originally exported by the appellant to its overseas buyer in February, 2010 and the same were rejected by its buyer in 2011 due to quality mis-matching. The goods in question were re-imported by the appellant nearly after 21 months from the date of original exportation. Since the impugned goods are not usable as such by the overseas buyer, the same were returned to the appellant at a lesser value. There is every possibility of reduction in price. It is not a case of the Department that the appellant while importing the said rejected goods has misdeclared or suppressed any other information to the Department. The penal provisions contained in Section 114AA of the Customs Act, 1962 cannot be invoked inasmuch as the appellant has not furnished any incorrect price to the Department at the time of filing of the Bill of Entry for re-importation of the rejected goods or suppressed any facts to the Department. Appeal allowed - decided in favor of appellant.
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