TMI Blog2004 (8) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... gave a colour shade on physically touching with hand they were suspected to be metallic pigments , the drums, in which they were imported, were having different markings. On test, the Custom Departmental Chemist reported the samples to be yellow lustre powder composed of Brass with traces of fatty matters it was not ink, but had characters of bronze powder metallic pigment. 2. On contest by the importer, the goods were got inspected by a Professor of IIT, Mumbai, who reported - (a) The material is powder form was packed in drums of good quality (used drums), the powder having been put into the drums without any plastic containers. The drums were not sealed and did not have proper labels. The drums were not having any correlation bet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as found by market enquiries. He arrived at a value of Rs. 9,97,500/- cif for the consignment based on market value in India under Rule 8 of the Valuation Rules and upheld the charge of confiscation under Section 111(m). (iii) Confiscation orders under Section 111(m), with redemption for of Rs. 1,50,000/- offered along with the penalty of Rs. 25,000/- was passed and the goods ordered to be valued at Rs. 9,92,500/- for purpose of duty levy. Hence this appeal. 3. After hearing both sides and considering the material it is found - (a) Commissioner has applied Rule 8 of the Custom Valuation Rules to value the goods after ascertaining the sale price in India may cost Rs. 70/- to 80/- per Kg thereafter giving discounts, he has arri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charge of confiscation under 111(m) for having misdeclared the value will not survive. (b) (i) As regards the declaration of the imported goods to be not correct, it is the submission of the Learned DR and the finding in the order that the goods are not Brass Scrap Nomad as per ISRI specifications. As per ISRI specifications, admittedly NOMAD Brass Scrap covers Brass Turnings. No material is produced how Brass Powder which the goods under import undoubtedly are could not be the resulting or and arising during the turning, shaping; processing of Brass on Lathes and other such machines, while such lathes etc. operate on jobs, powders do result. The presence of fatty substances, in such powders, should not alarun us. Lots of cutting, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssible that there may be different perception in different country with regard to what is scrap and what is not scrap. What is considered as scrap in one country may not necessarily be considered as scrap in another country, where it may be put to us use and hence would be considered as serviceable material. At the same time, we have to take note of the fact that the goods were not scrap within the meaning of NARI specifications. These specifications command considerable respect in the market and are often referred to. Taking note of this, as also the demurrage incurred by it, was set aside the penalty imposed upon the appellant and reduce the redemption fine from Rs. 1.00 lac to Rs. 50,000/- in each Bill of Entry. (iv) However, Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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