Home Case Index All Cases Customs Customs + AT Customs - 2016 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 275 - AT - CustomsConfiscation of goods and imposition of penalty - Mis-declaration of quantity of goods - Import of Gold, Platinum and Silver Jewellery (Plain) - Jewellery purchased in auction in Italy - Held that:- it is not a regular case of import of jewellery, the declarations in the bill of entry were made based upon the invoice issued by M/s Graser, Italy (exporter), which has the stamp of approval by the Court of Bassano Del Grappa, Italy as also by the official liquidator. It is the total cost of the entire consignment, which stands paid by the assessee to the foreign exporter in terms of the auction bid accepted by the Court and the entire consignment is covered by the letter of the official liquidator. Hence, no mis-declaration as regards quantity of the goods can be attributed to the assessee. In as much as the value of the entire consignment [including the value of the alleged excess found quantity] stands declared by the appellant, the said factor cannot be made a ground either for confiscation of the goods or for imposition of penalty upon the appellant. - Decided in favour of appellant with consequential relief
|