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TMI Blog2013 (11) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... llant imported 21 used photocopiers of various models on 29-9-2004. During the course of assessment, the value was found to the lower than contemporary import price and, accordingly, the value was revised and worked out to Rs. 12,32,066/- which was accepted by the appellant. Further a view was also taken that second hand photocopiers import by the appellant was in contravention of Foreign Trade Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Circular clarifying that import of the photocopiers are restricted. Therefore, he submits that the decision of the lower authorities confiscating the goods and imposing fine and penalty is required to be set aside. 3. The learned Superintendent (AR) submits that even though the goods are not liable to confiscation in view of the decision of the Hon'ble Supreme Court, the confiscation is su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs imported by the appellant have to be held as freely importable at the relevant time of import and the decision of the lower authorities in this regard cannot be sustained. 5. Coming to the submission of the Authorised Representative that confiscation of the goods and imposition of fine and penalty are valid in view of the undervaluation and on going through the Order-in-Original, I find t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 111(m) of the Act which provides for confiscation of goods which do not correspond in respect of value or any other particular with entry made in (sic) the Act. In this case, no doubt, the goods are liable to confiscation under Section 111(m) of the Act in view of acceptance of undervaluation by the appellant at the time of original adjudication proceedings. However, unfortunately, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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