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2018 (6) TMI 488 - AT - CustomsValuation of imported goods - zinc ash - rejection of the declared assessable value - demand based on the confessional statement of the Director - Confiscation - redemption fine - Held that:- The Director of the appellant firm had in his statement agreed that the invoices received by DRI along with its information showed real price of the goods. He also agreed that the amount of differential value was given in cash to the Indian representative of the foreign supplier in cash. The statement has not been retracted at any time. The claim of appellant that the said statement was obtained due to coercion was unsubstantiated and cannot be accepted. The case of Revenue is not merely based on rejection of transaction value in terms of Rule 10A of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - It is not that the Customs has the evidence of real transaction value and thus there is no need to go to the rules. Since real transaction value i.e. the amount transferred through legal channels and amount paid to the local representative of the foreign supplier is available the same becomes transaction value and the duty can be demanded taking the same as assessable value. Confiscation - redemption fine - Held that:- The goods are not available for confiscation no confiscation can be ordered and no redemption fine can be imposed - confiscation and redemption fine set aside. Appeal allowed in part.
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