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2017 (5) TMI 860 - AT - CustomsMisdeclaration of goods - undervaluation - import of artificial leather shoes for gents and ladies - the supplier had sent branded goods which were not declared and the assessable value as also the MRP declared in the Bill of Entry cannot be accepted to be correct reflection of the facts - Confiscation - redemption fine - penalty - Held that: - As regards the valuation, we note that admittedly the goods were mis-declared i.e. instead of branded items, the same were declared as artificial leather shoe items. It is a fact of common sense that the branded goods are priced much more than the local non-leather Chinese shoes. As such, the value of the goods declared by the assessee would definitely be on the lower side. Redemption fine - Held that: - there is nothing on record to show the MOP of the goods. As such at this stage by taking into consideration the differential duty confirmed against the assessee we reduce the redemption fine to the extent of differential duty. Penalty - Held that: - the same has already been fixed on the lower side and does not require any interference. Appeal rejected - decided in favor of appellant as regards reduction in quantum of redemption fine - other matters decided against appellant.
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