TMI Blog2008 (7) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... reclassified the goods imported by M/s. M.M. Sons Proprietor Shri M. Sahul Hameed, under CTH 2712 20 90 and demanded duty of over Rs. 36 lakhs thereon after rejecting its declared value (US $ 700 CF per MT) and determining assessable value @ of US $ 1400 CF per MT under Rule 5 of the Customs Valuation Rules, 2007. He also confiscated the goods on the ground of misdeclaration of description and value, with option for redemption against payment of a fine of Rs. 3 lakhs. He also imposed a penalty of Rs. 2 lakhs on Shri M. Sahul Hameed. Appeal No. C/206/2008 is against this decision of the Commissioner. The other appeal of Shri Rakesh Kumar Agarwal is against a penalty of Rs. 3 lakhs imposed on him by the Commissioner. 3. M/s. M.M. Sons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted by the counsel for the assessee that there were contemporaneous imports of paraffin wax with oil content of 0.5% in February 2008 and the same were allowed to be cleared at Chennai Port on the basis of declared value in the range of US $ 700-775 per MT. Therefore, according to the counsel, the goods in question viz. paraffin wax with oil content of 0.7% should also be assessed in the same manner. It has been submitted that the Commissioner rejected the declared value of 200 MTs of paraffin wax imported from Egypt by erroneously comparing the same with the price of wax imported in much smaller quantities from another country, which, according to the counsel, was not in keeping with the provisions of the Valuation Rules. It has also bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s could contain mineral oil to the extent of 2%. This report is binding on the assessee, who did not ask for retest of sample by the Central Revenue Control Laboratory. Based on this report, the learned Commissioner rightly classified the subject goods under CTH 2712 20 as paraffin wax containing by weight less than 0.75% of oil . The item was obviously misdeclared as semi-refined paraffin wax with oil content of 3-5% (CTH 2712 90). The value declared by the party was in relation to semi-refined paraffin wax with 3-5% oil and the same might not be applicable to fully refined paraffin wax with 0.7% oil content. Hence, in our view, the finding of misdeclaration of value also cannot be faulted. It would follow that the confiscation of the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their own import from Egypt and the above imports from China. They have also contended that their import of wax from Egypt cannot be compared with imports of identical goods from other countries. Yet another objection raised by the assessee is that the details of NIDB data were not supplied to them by the Commissioner and, to this extent, natural justice was denied to them. It is their further grievance that certain instances of imports of identical goods from Egypt at lower prices, pointed out by them, were not considered by the adjudicating authority. We have found substance in these submissions and therefore the learned Commissioner has got to determine the correct value of the goods afresh, in which exercise he shall not travel beyond t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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