TMI Blog2005 (4) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order per : C.N.B. Nair, Member (T)]. - Both the appeals are directed against the same order of adjudication. Therefore, they were heard together and are disposed of under this common order. 2. Material facts leading to the passing of the order, are that the first appellant, M/s. Natwar Steel (P) Ltd. imported goods declared as Heavy Melting Scrap and sought their clearance under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplier as scrap. It has been pointed out that the appellant s foreign suppliers have forwarded his purchase invoices for these goods. Reference has been specifically made to the description in those purchasing invoices as steel scrap (nails) . It has been submitted that the nails in question are not ordinary nails and can be used only by machines and on account of defect, the nails cannot be used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the consignments carried tags indicating their particulars. These tags contained description of the goods, material, size, order reference, machine ID, date, box number and weight in print. The examination has confirmed that they are without rust and are of prime quality. The learned S.D.R. also pointed out that the concealment of nails is clearly brought-out by the method of stacking adopted. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods for mis-declaration is required to be upheld. 7. There is, however, merit in the appellant s submission regarding valuation. Rule 8(2)(i) specifically forbids the valuation of imported goods based on the value of locally produced goods. Therefore, the valuation is required to be undertaken based on reliable materials. Since the amount of duty, fine and penalty would depend upon the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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