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2024 (5) TMI 1006 - CESTAT BANGALOREMis-declaration Of Import value - duty demand - confiscation of goods - penalty - Imports semi-conductor fabrication system - benefit of Notification No.52/2003-Cus. - export obligation - 100% EOU engaged in the business of providing software development services - HELD THAT:- It is on record that the appellant had declared the value as shown in the proforma invoice as declared by their supplier. After inspection, since the goods were found to be used goods and the value was enhanced by the Chartered Engineer, they accepted the enhanced value which will have an impact on their export obligation. As rightly claimed by the appellant there is no duty liability and the declared value was based on the proforma invoice, hence there was no mis-declaration as such. Therefore, I do not find any suppression or mis-declaration by the appellant so as to confiscate the goods. Hence, the order of confiscation is set aside along with the penalty imposed on the appellant u/s 112(a)(ii).
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