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2022 (12) TMI 1249 - CESTAT NEW DELHIRecovery of Differential duty - rejection of declared value - levy of penalty under section 112 (a) of the Customs Act - tungsten level in the Steel Bounded Cemented Carbide was mentioned as 8% in the Bill of Entry - HELD THAT:- It is not in dispute that the tungsten level in the Steel Bounded Cemented Carbide was shown by the appellant in Bill of Entry at 8% instead of 75.3%. It is also not in dispute that the level of tungsten in Steel Bounded Cemented Carbide would determine its value. The appellant accepted the test report which determined the level of tungsten in the imported good at 75.3% and also accepted that the value of the goods would be 46.50 US$ per kg instead of 12 US$ per kg. Such being the position, the Commissioner (Appeals) committed no illegality in confirming the demand of differential duty. There is, therefore, no good reason, and indeed none could be pointed out by learned counsel for the appellant, to reduce the penalty imposed upon the appellant under section 114AA of the Customs Act or reduce the redemption fine under section 125 of the Customs Act. Appeal dismissed.
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