TMI Blog2014 (9) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of this appeal on merit without personal hearing. The appellant having foregone the right of personal hearing, assistance of ld. DR was taken. 2. Revenue submits that the old and used computer, monitors and its component were imported in violation of the Foreign Trade Regulations as well as such goods were undervalued. The Chartered Engineer's certificate obtained was within the knowled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of no value. There is no ground on violation of the Foreign Trade Regulation by the appellant. Appellant has taken the ground that there is no under valuation done. So also there is a ground that the duty involvement being Rs. One lakh and the prevalent market conditions suggest the profit margin to be 2 to 3%, there should not have been redemption fine imposed. 5. Examining the grounds, we h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c value without being scrap in absence of any evidence to the contrary. So also in absence of evidence to show that scrap was only imported, the appellant fails to succeed as to the nature of goods. Further, there is no evidence led by the appellant through any ground to consider about different nature of the goods imported. Therefore on that count also ld. Commissioner is correct to hold that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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