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2018 (5) TMI 616 - AT - CustomsValuation - rejection of transaction value - import of Desk top Board classic series - the quantity mentioned in the invoice did not tally with the actual description of the goods in respect of the Intel core duo processors - Held that: - On scrutiny of the NIDB data available in respect of contemporaneous imports, the values as mentioned above are rightly adoptable for redetermining the value of the impugned goods in terms of Rule 5 of the Customs Valuation Rule, 1988 - the due consideration was shown towards aspects like physical characteristics, quantity, make, model, sale at the same commercial level. In view of these facts, the adoption of value of identical goods as discussed in the show cause notice is upheld. Since there is misdeclaration of value; the confiscation of goods ordered is also upheld, and redemption fine in lien of confiscation seems to be in consonance with the numerous decisions of the Tribunal, accordingly, the confiscation is upheld, as also the redemption fine imposed. Penalty u/s 112 of CA - Held that: - the ends of justice would be met, by upholding the penalty but the same is reduced to ₹ 3 lakh from ₹ 28,10,331/-. Appeal disposed off.
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