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2016 (6) TMI 397 - AT - CustomsImport of old used worn clothing - Legality of valuation of imported goods - declared value is much lower than the price fixed by the Commissionerate vide Internal instruction and Alert Circular dated 17.9.2008 issued by DRI - Held that:- the method adopted by the original authority for fixing the value of imported goods is not in accordance with the provisions of Valuation Rules. There is a self-contradiction in the finding by the original authority. While he rejects the application of Rules 4 to 8 as no comparable consignment of identical or similar goods are available, he takes general value as per NIDB data without establishing whether the said data is relevant in respect of identical or similar goods. As Revenue could not produce the details of NIDB data, it is apparent from the findings of the original authority that such general application of value of other imports is not legally tenable. There is no cogent reason for rejection of transaction value for these imports. Quantum of redemption fine and penalty - Held that:- in view of our finding on the valuation of the imported goods it is found that redemption fine and penalty is sustainable only with reference to violation of Foreign Trade Policy. This is not being contested by the appellant also. Considering the overall facts and circumstances we find that redemption fine imposable on these goods can be fixed at 15% of the declared value. Similarly, the penalty imposed under Section 112(a) of the Custom Act, 1962 can be reduced and fixed at 10% of the declared value. - Decided partly in favour of appellant
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