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2021 (6) TMI 878 - AT - CustomsValuation of imported goods - imported motorcycle parts - redetermination of value based on market survey - levy of fine and penalty - Rule 9 of the Customs Valuation (Determination of value of imported goods) Rules, 2007 - HELD THAT:- In more or similar fats and circumstances when the re-determined value has been accepted by the importers, this Tribunal in COMMISSIONER OF CUSTOMS DELHI VERSUS M/S HANUMAN PRASAD & SONS [2020 (12) TMI 1092 - CESTAT NEW DELHI] after analyzing the principles of law on the subject held that importer cannot go back on such acceptance and be allowed to dispute the re-determined value, when the same was categorically accepted by him. Applying the principle of the said case to the facts of the present case, there are no iota of hesitation to arrive at the conclusion that in the present case also, the proprietor of the appellant categorically accepted the re-determined assessable value on the basis of market survey carried out in his presence vide statement dated 20.01.2010, which has never been retracted, therefore, the same is binding on him. Penalty - HELD THAT:- There are no merit in the order of the authorities below in mechanically imposing fine and penalty on the appellant. In the order of the adjudicating authority, no justification has been recorded for imposition of penalty and directing confiscation of the goods - there are no circumstances brought on record to show that the value declared by the appellant is intentionally manipulated or suppressed; the Department has re-determined the value on the basis of market survey after rejecting the transaction value declared by the appellant. The re-determined value being in excess of the declared value ipso facto cannot be construed as ground warranting confiscation and imposition of penalty on the appellant in absence of reasons and evidences justifying the said action which are missing in the orders of the authorities below - Appeal allowed in part.
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