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2019 (9) TMI 715 - AT - CustomsValuation of imported goods - marble slabs - rejection of declared value - enhancement of value based on contemporaneous imports - HELD THAT:- The findings of the original authority, which was upheld in the impugned order, have based the enhancement of assessable value on imports that were contemporaneous as well as others that were not contemporaneous. Moreover, despite the enhanced value being in excess of the threshold prescribed in the Foreign Trade Policy for free importability, the first appellate authority has confirmed the actions of the original authority in confiscating the goods for violation of the import policy prescription. The confiscation of 21.71 sq meter of ‘marble slabs’ that were in excess of the declaration is sustainable in law. The enhancement of the assessable value appears to have relied upon four bills of entry of which only two pertains to the period prior to the import effected against bill of entry no. 466132/16.09.2011. However, it is not ascertainable from the records if those two bills of entry can be accepted as benchmarks or had been subject to re-assessment in like manner and, thereby, not appropriate for subjecting the impugned goods to revised valuation. The enhancement of value does not appear to be sustainable in law. As the goods are, admittedly, imported at a value below the threshold prescribed for free importability and the policy had come into force on 4th August, 2011 with shipment occurring thereafter, the plea of the appellant that the quotation received in June 2011 as proforma invoice would entitle them to relief in accord with the transitional provision in the Foreign Trade Policy is not acceptable. While setting aside the valuation, the confiscation of the goods under section 111(d) of Customs Act, 1962 is upheld - the redemption reduced to ₹ 2,00,000/- and the penalty to ₹ 1,00,000/- - appeal allowed in part.
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