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2008 (12) TMI 209 - AT - CustomsValue of the imported oil had been arbitrarily fixed by authorities, as material relied on to determine value are not reliable, as the impugned goods were not tested for its chemical composition or quality by the customs. It has to be held that the assessable value was determined arbitrarily. In the circumstances, it would have been more reasonable to accept the quotations furnished by the importer to determine the assessable value. The matter is therefore remanded to the original authority to re-determine the duty liability on the impugned goods. - As regards the confiscation and penalty, I find that in the facts of the case there was no mis-declaration by the importer to attract confiscation of the impugned goods under Section 111(m) of the Act. - Confiscation of gear oil under Section 111(m) and the penalty under Section 112(a) are therefore not sustainable. The fine and penalty are set aside. The appeal is allowed by way of remand.
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