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2015 (6) TMI 816 - HC - CustomsConfiscation of goods - Enhancement of value of goods - DGFT Notification No. 65(RE-2010)/2009-2014 dated 04.08.2011 - Held that:- DGFT has not resorted to change of categorization of items, i.e. from the category of free export to category of restricted export , but as a sequel to earlier notification No.18, which fixed the floor price of US $ 50 per square meter, the present impugned Notification has been issued. Therefore, I do not find any illegality or irregularity in the impugned notification in order to interfere with the same. The reliance placed upon "M/s.Mira Commodities case and "M/s.Bimal Kumar Modi case" by the learned counsel for the petitioner, cannot be made applicable to the present case inamsuch as in the said decisions, it has been held that the DGFT has resorted to amend the import & export policy, which is not permissible under the provisions of FTDR Act, but in exercise of Section 5 of the FTDR Act, the Central Government is only empowered to formulate and announce the export and import policy. Therefore, when the DGFT Notification dated 04.08.2011 allowed free import of marble blocks/tiles provided the CIF value is US $ 60 and above per sq. mt., the petitioners were expected to declare the same, however, contrary to the same, they have declared below the US $ 60 and thereby, the authority has rightly confiscated the same and therefore, confiscation of the goods is justified. - Decided against Assessee.
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