TMI Blog1988 (2) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... he price of goods at US $ 650 per M.T. CIF Madras. The Customs felt that the value declared was too low and issued a show cause notice threatening to increase the value of the goods to US $ 4,810 per M.T. After due process the Assistant Collector passed an order fixing the value of the imported goods at US $ 1,455 per M.T. Further on imposed a penalty of Rs. 1,00,000/- (Rs. one lakh only) on the appellants for mis-declaring the value of the imported goods. The appellants aggrieved by the order of Collector filed this appeal. 2. Shri Balani, Ld. Advocate for the appellants submitted that the Collector of Customs decided the matter without adducing any evidence in support of the allegation of under-valuation. The Ld. advocate argued that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in the absence of knowledge about the quality of the imported goods, it is not possible to correlate any of the Bill of Entry relied upon by the Ld. Advocate, with the present importation. Also, he submitted, four out of the six importations cited by the appellants did not have any nexus to the time of import. Referring to the copy of the invoice filed by the appellants (page 31 of Paper Book), which the New York Consulate General of India attested, Shri Durghayya submitted that this attestation is only on the basis of information in possession and the certification is only to the best of knowledge and belief . Therefore this information does not establish the correct valuation of the imported goods, according to Ld. JDR. 5. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted by the Ld. Advocate these importations did not have any nexus to the time of import, the pinpoints having taken place much earlier. Besides they relate to specified grades. Here we do not know the grade of the goods. Therefore, these too cannot be relied upon. 7. That leaves us with what evidence the appellants themselves produced detailed in their appeal. Assuming these, two invoices relating to CAB moulding powder, both invoices being, dated 12-6-1986 are nearest to the date of importation which took place on 19-8-1986. Insofar as quality is concerned it has to be assumed that as the appellants themselves produced this evidence the quality of the present importation is the same or is comparable to the quality of moulding powder cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or goods of higher quality with a view to paying lesser duty. 13. In this situation, as the Collector has observed, the department was left with no choice but to go by the available prices of the imported products. The Collector tried to be as fair as possible, and, in the absence of the particulars as regards the quality of the product, he decided to go by the lowest of the three prices available. 14. The above order says that insofar as the quality is concerned, it has to be assumed, in the circumstances, that the quality of the present importation is the same or is comparable to the quality of the moulding powder covered by the two invoices produced by the appellants. It is very dangerous, indeed, to lay down a law which absolves the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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