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2018 (6) TMI 531 - AT - CustomsMisdeclaration of imported goods - semi-finished paragon wax with 3-5% oil content - enhancement of assessable value - the allegations of misdeclaration of the goods already stand upheld by the Tribunal in the earlier order, and the matter was remanded for ascertaining the correct assessable value - Held that:- It is seen that during the de novo proceedings also, the adjudicating authority has mainly relied upon the NIDB data, by rejecting the evidences produced by the importer to show that even fully refined paraffin wax was being imported at USD 700 to 775 PMT - Apart from the NIDB data, there is no other evidences on record to show that the appellant had paid more consideration for the said goods to the supplier of the same, there are no justifiable reason to enhance the assessable value - Inasmuch as, there was misdeclaration on the part of the assessee, the confiscation of the goods is warranted and penalty is required to be imposed on the importer - however, the quantum of redemption fine and penalty on Shri M. Sahul Hameed reduced. Penalty on Shri R.K. Aggarwal - Held that:- there are no reasons stand spelt out in the impugned order for imposing penalty upon him or his role, nowhere stands discussed by the adjudicating authority - penalty set aside. Appeal allowed in part.
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