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2015 (9) TMI 1258 - CESTAT KOLKATA

2015 (9) TMI 1258 - CESTAT KOLKATA - TMI - Determination of market value of the seized goods - applicability of Section 123 - determination of redemption fine - Held that:- There is no direction by the Hon’ble High Court on the issue of applicability of Section 123 of the Customs Act, 1962 and on the aspect that if the documents furnished by the appellant are in order then the goods should be released. It has been observed by Hon’ble High Court that market value of the seized goods has been arbi .....

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sent the market value of the seized goods. Even if, the documents furnished by the appellant were not considered proper documents to cover the seized goods but the same will also represent the prevailing market price of comparable goods. - Matter remanded back - Decided in favour of assessee. - CSM/117/2005 - Order No : FO/A/75495/2015 - Dated:- 11-9-2015 - Shri H.K. Thakur, Technical Member, J. For the Petitioner : Sri B.N. Chattopadhyay, Consultant For the Respondent : Sri S. K. Naskar, A.C. ( .....

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8377; 3.00 Lacs to ₹ 1.5 Lacs. This market value of the goods seized which is at ₹ 5.00 lacs may not be a correct looking to the explanation given by this appellant which is referred in paragraphs 18.1, 18.2, 18.3 and 18.4 of the order passed by the Joint Commissioner of Customs, while passing Order-in-Original dated 1st April, 2005. 2. Shri B.N. Chattopadhyay, Ld. Consultant appearing on behalf of the appellant argued that appellant has procured mobile phone from various traders and .....

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ore, the onus does not lie with the appellant to establish that the goods are not smuggled. That Commissioner (Appeal) has wrongly relied upon the judgment of Hon ble Supreme Court in the case of Krishna Vs. State of Punjab [1993 (67) ELT 17 (SC) where the goods were seized under the reasonable believe that the same are smuggled goods. It was the case of the appellant that there is no indication in the records available that goods were of foreign origin and also that the goods are not notified u .....

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ons made before the adjudicating authority and if the goods seized are covered by the documents furnished, then the same should be released to the appellant. 3. Shri S.K. Naskar, A.C. (A.R.) appearing on behalf of the Revenue argued that the issue of confiscation has not been decided by Hon ble High Court. That in para 9 of the order dated 8/7/2015 passed by Hon ble Jharkhand High Court, it is only observed that the redemption fine imposed by CESTAT is not proper in view of the explanation given .....

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ect looking to the explanation given by the appellant in paragraph 18.1 to 18.4 of the Order-in-Original dated 1/4/2005. There is no direction by the Hon ble High Court on the issue of applicability of Section 123 of the Customs Act, 1962 and on the aspect that if the documents furnished by the appellant are in order then the goods should be released. It has been observed by Hon ble High Court that market value of the seized goods has been arbitrarily arrived at by CESTAT. Regarding determinatio .....

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