TMI Blog2009 (6) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... that only two out of seven items taken for enhancement of value – declared value accepted in respect of other items - importer accepted the enhanced value of two goods thereby tacitly accepting the misdeclaration of value. – hence redemption fine and penalty has to be reduced - C/320/2008 - A/287/2009-WZB/C-IV/(SMB), - Dated:- 16-6-2009 - Shri P.G. Chacko, Member (J) REPRESENTED BY : Shri Prakash Patankar, Consultant, for the Appellant. Shri S.M. Vaidya, JDR, for the Respondent. [Order]. - The appellant had filed a bill of entry dated 19-10-07 seeking clearance of moulds imported for manufacture of refrigerators. The bill of entry, wherein the total value declared was Rs. 57,89,290.06, was filed under EPCG scheme. The relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Rs. One lakh only) on the importer, M/s. L.G. Electronics India Pvt. Ltd., under Section 112(a) of the Customs Act, 1962." 2. The present appeal is directed against the above order of the Commissioner. After hearing both sides, I find that the appellant is pressing the grounds raised against confiscation of the goods, imposition of fine and imposition of penalty in this case. The ld. Consultant submits that, in this case, there is no valid reason to hold that the appellant misdeclared the description or value of the goods. The 'old' and 'used' character of the moulds was not relevant. Though the EPCG licence was sought to be amended at the instance of the customs authorities, EPCG scheme did not differentiate between new capital goods an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corded in respect of the said two items of import only. Value of the other items was not misdeclared inasmuch as the declared value was accepted. Nevertheless, the ld. Commissioner of Customs confiscated the entire consignment under Section 111(m) of the Customs Act on the ground of misdeclaration. This order cannot be sustained in toto. The order of confiscation has, however, to be upheld insofar as item no. 5 6 in the bill of entry are concerned inasmuch as the importer accepted the enhanced value of these goods thereby tacitly accepting the misdeclaration of value. It is ordered accordingly. It would follow that the redemption fine determined by the Commissioner has to be drastically reduced. In the facts and circumstances of this case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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