TMI Blog2010 (10) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... past and sales prices obtained from the internet etc., which was not challenged by the appellants at the time of appraisement despite having full opportunity to do so, but was actually accepted Regarding fine and penalty - Lower appellate authority has already reduced the redemption fine to the level of about 25% of the appraised value and the penalty to the level of less than 10% of the same while upholding the order of confiscation and imposition of penalty on account of unauthorized import without valid import licence - Appeal is dismissed - C/351/2004 - 1137/2010 - Dated:- 26-10-2010 - Ms. Jyoti Balasundaram, Dr. Chittaranjan Satapathy, JJ. REPRESENTED BY : Shri Hari Radhakrishnan, Advocate, for the Appellant. Shri C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons have been given by the authorities below for rejection of the transaction value in terms of the provisions of Rule 4(2) of the Customs Valuation Rules, 1988. He cites the decisions of the Hon ble Supreme Court in the case of Eicher Tractors Ltd. v. Commissioner of Customs, Mumbai - 2000 (122) E.L.T. 321 (S.C.) and in the case of Tolin Rubbers Pvt. Ltd. v. Commissioner of Customs, Cochin - 2004 (163) E.L.T. 289 (S.C.) in support of his argument. 4. Heard the learned SDR Shri C. Dhanasekaran who states that the appellants have accepted the enhancement of value after waiving the issue of show-cause notice and personal hearing. He states that the present case is distinguishable from the cases dealt by the Hon ble Supreme Court cited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants themselves have waived the requirement of show-cause notice and personal hearing and hence at this belated stage, they cannot say that the reasons for enhancement were not communicated to them. In fact, we find that the inspection report furnished by the Chartered Engineer, M/s. SGS India Pvt. Ltd., was given to the appellants before they agreed to accept the value appraised by M/s. SGS and communicated the same to the Department under their letter dated 6-6-2003. We also find that the Department had also worked out an alternative customs value after allowing depreciation starting from the value of the machinery (under import) when new, but the appellants chose to accept the value appraised by the Chartered Engineer. Further, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities below determining the value on the basis of the Chartered Engineer s certificate and disputing the lower declared value cannot be faulted with especially when the appellants themselves have accepted the same before the assessment was finalized. In this context, the Tribunal s observation in the case of Kevin Infotech (P) Ltd. v. Commissioner of Customs, Kolkata - 2007 (216) E.L.T. 435 as extracted below is germane to the issue : - The adjudicating Commissioner has recorded that the appellants have agreed to the enhancement of value based on comparable import price. We find that the General Introductory Commentary to the WTO Valuation Agreement, which is the basis of Indian Customs Valuation Law, does conceive of arriving at Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 10A read with amended Rules 3 and 4 as in force at the time of import. 8. As regards the learned counsel s plea for reduction in the fine and penalty determined, we observe that the lower appellate authority has already reduced the redemption fine to the level of about 25% of the appraised value and the penalty to the level of less than 10% of the same while upholding the order of confiscation and imposition of penalty on account of unauthorized import without valid import licence. We are of the considered view that there is no scope for further reduction in the fine and penalty amounts. 9. In view of our findings as above, the appeal is dismissed. (Operative portion of the order was pronounced in open court on completion of h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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