Home Case Index All Cases Customs Customs + AT Customs - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1288 - AT - CustomsValuation of imported goods - Heavy Melting Scrap - enhancement of value based on NIDB data for re-rollable scrap - Held that:- The appellant have explained that so called re-rollable scrap was old used and defective materials which were imported for the purposes of utilization in furnace, as Heavy Melting Scrap - further, the value was enhanced by referring to NIDB data on which has been held to be not in accordance with law, by umpteen number of decisions of the Tribunal - enhancement of value not justified. Mis-declaration as regards the quantity of the material - Held that:- The excess quantum is almost one third (1/3) of the total weight of the goods declared by the assessee, thus calling for their confiscation and imposition of penalty upon the appellant. The said excess goods would be cleared by the appellant on payment of duty leviable thereon by adopting the declared value. Redemption fine - Penalty - Held that:- Commissioner has confiscated the entire consignment on the findings of under valuation with an option to the appellant to redeem the same on payment of redemption fine of ₹ 12 lakhs as has imposed penalty of ₹ 6 lakhs - quantum of redemption fine and penalty reduced. Appeal allowed in part.
|