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TMI Blog2014 (8) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; For the Respondent : Shri K.P. Muralidharan, Supdt. (AR) JUDGEMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Exemption No.21/2002 dt.1.3.2000 (Sl.No.207) for import of "Electrical Steel Sheets in Coils-Seconds". He confiscated the goods and allowed redemption on payment of a fine of Rs. 5 lakhs and imposed a penalty of Rs. 2,50,000/-. On a perusal of the order dt. 3.8.2006 of the Hon'ble Madras High Court in WP No. 22138 of 2006, we find that the appellant had requested for re-export without paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation of goods, it was found to be seconds. Thus, there is no dispute of misdeclaration of goods and confiscation under Section 111 (m) of the Customs Act, 1962 is justified. The relevant portion of the finding of the Adjudicating Authority is reproduced below :- "I observe that the description in the Invoice is as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng above US$ 1145/MT during the month of March 2004, the month of the present import s evident from the Computer Print Out of list and details of transacted prices of imports at various Indian Ports as compiled by the Directorate General of Valuation, Customs, Mumbai. As against that, the declared price of the imported goods is only about US$ 990 which is much lesser than even the lowest real pric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;s burden to make the correct entries. All the above aspects necessarily indicate that the importer's version is not bonafide." 5. We find that the appellant had not refuted the finding of the Adjudicating authority. Therefore, the contention of the appellant that they were under bonafide belief, cannot be accepted. In view of that, we do not find any reason to interfere with the order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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