2002 (9) TMI 540

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..... : S.L. Peeran, Member (J)]. -  By this appeal, appellant is challenging the correctness of the Commissioner (Appeals) order who has confirmed the Order-in-Original passed by the Addl. Commissioner. The Additional Commissioner has held that the imported car is assessable to Rs. 2,20,148/- under Section 111 (d) of the Customs Act read with Section 3 of the Foreign Trade (Development & Regulati .....

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..... g the list price of the car in 1989 as per Parker's car price guide and has granted permissible trade discount and other deductions. It is contended that once the Proper Officer had assessed the Bill of Entry by accepting the value then the Addl. Commissioner had no powers to adjudicate the matter and hence proceedings are bad in law. It is also contended that the redemption fine and penalty impos .....

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..... had also waived the show cause notice and prayed for a lenient view. Therefore, the procedure adopted to assess the car on the basis of list price as per the Parker's car price guide is in keeping with the law and also law laid down by the Tribunal in Irshad Ali & Others v. CC, Chennai as reported in 2001 (137) E.L.T. 1041. The above citation referred to large number of judgments of the Tribunal .....

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..... judicate the case without show cause notice. However, he had been granted personal hearing. Therefore, the present plea is a new plea which is unfounded and cannot be accepted. We also note that the plea has no substance for the reason that the Bill of Entry had not been fully assessed in terms of Section 46 & 47 of the Customs Act. There is no evidence produced by the appellant that the Bill of E .....

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..... e redemption fine in terms of proviso to sub-section (2) of Section 115 read with proviso to Section 125 of the Act requires determination of the market value of the goods before a redemption fine is fixed. The fine shall not exceed the market value of the goods. Therefore, we find it necessary to remand the matter to the original authority to fix the market value of the goods on the date of impor .....

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