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2019 (7) TMI 1470 - AT - CustomsValuation of imported goods - used digital copier cum printers - rejection of declared value - whether the department was correct in re-assessing the value of the imported photo copiers? - quantum of redemption fine - quantum of penalty. HELD THAT:- This engineer had confirmed the value of the goods based on the market value of similar goods and taking into account the value of the cartridges after excluding the damaged cartridges. Therefore, the department was correct in reckoning this value for calculating the customs duty payable. Opportunity to cross-examine the Chartered Engineer - HELD THAT:- This report was not collected behind the back of the appellant but the assessment itself was done in the presence of the appellant. We, therefore, find no force in this argument. Therefore, on the questions of value and assessment of duty, we find in favour of the department. Redemption fine and penalty - HELD THAT:- There is no hard and fast rule regarding imposition of redemption fine under Section 125 as long as it does not exceed the market value of the goods. In the present case, the value of the goods is around ₹ 5 lakhs and the redemption find imposed is about ₹ 70,000/-. The appellant has made out a case to get the redemption fine reduced to some extent. Correspondingly, the penalty imposed upon the appellant may also be reduced to some extent - quantum of redemption fine and penalty reduced. Appeal allowed in part.
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