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2017 (5) TMI 936 - AT - CustomsValuation - rough marble blocks imported from Turkey - Revenue took up the matter for adjudication on the ground that the value declared by the appellant was less as also on the ground that the condition of the import license stand violated - Held that: - it is well settled law that NIDB data cannot be considered as the reliable source for the purpose of enhancement. We find that the issue is no more res integra and has been settled by umpteen number of decisions of the Tribunal - an identical dispute was the subject matter of the Tribunal’s decision in the case of R K Marble Pvt Ltd. Vs. CCE Jaipur [2009 (1) TMI 648 - CESTAT, NEW DELHI], and the enhancement of the value based upon the weekly average price was held as bad in law. Contravention of the licenses - Held that: - As per the licenses given to the appellant, the imports should be at the floor price of USD 275 per MT - the Ld. Advocate appearing for the appellant has accepted the violation of the condition of the policy - we uphold the confiscation and imposition of penalty - he redemption fine is reduced from ₹ 5.40 lakhs to 1 lakh and the penalty from ₹ 1 lakh to ₹ 50000. Appeal allowed - decided partly in favor of appellant.
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