Home Case Index All Cases Customs Customs + AT Customs - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 948 - AT - CustomsValuation - import of rerollable steel scrap - Enhancement in value - Imposition of redemption fine & Penalty - Held that:- Invocation of Rule 5 of the Valuation Rules is not justified in the present case because, in order to prove that the goods are similar, it is required to ascertain that the country of origin is same in case of comparable goods with the goods relevant for assessment. In the case in hand, the country of origin was "Sharjah- UAE", whereas in the bill of entry dated 7.2.2013 referred to in the adjudication order, the originating country was different. Thus, the goods cannot be considered as similar. Further payment of duty by the appellant at the enhanced rate without contesting the enhanced duty liability, was due to avoidance of demurrage and detention charges of the vessel. Such payment cannot prove under-valuation of goods for the purpose of imposition of redemption fine and penalty, especially in view of the fact that the onus vest with the customs department has not been satisfactorily discharged. - import documents available in the file prove bonafides of the appellant, the genuineness of which have not been disputed by the Department, I am of the view that imposition of redemption fine and personal penalty on the appellant is not justified. Thus the impugned order imposing redemption fine and personal penalty is set aside - Decided in favour of assessee.
|