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TMI Blog2015 (10) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... -determine the assessable value of the goods imported vide Bill of Entry No.859631, dated 22.12.2009 as Rs. 5,10,665/- in respect of the goods Ferrite Magnets under Section 14 of the Customs Act, 1962 read with Rule 8 of the Customs Valuation (Determination of Price of the Imported Goods) Rules, 2007. (ii) I order to confiscate the goods, seized on 11.01.2010 and provisionally released on 18.01.2010 on execution of Bond and payment of differential customs duty for the said seized goods and for the past consignments also. However, I give an option to the importer to redeem the same on redemption fine of Rs. 2,00,000/- (Rupees Two Lakhs only) under Section 125 of the Customs Act, 1962. (iii) I demand and order to recover the differential ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of the chart of its imports in the past under 28 Bills of Entry showing the differential duty arising as a result of enhancement of value by 10%. He also categorically agreed to voluntarily pay the differential duty in respect of all the consignments along with redemption fine and penalty. He requested that the Show Cause Notice may not be issued and he did not want any personal hearing. 3. The appellant has essentially contended that (i) the difference in weight does not have any bearing on the valuation of goods, (ii) the valuation done by the adjudicating authority is against the express mandate of Valuation (Determination of Price of Imported Goods) Rules, 2007; a couple of judgements were cited in this regard which are referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use Notice may not be issued and he did not want any personal hearing. In these circumstances, to question the adjudication order on the ground that the principles of natural Justice had been violated is totally untenable. Principles of natural justice (nobody should be condemned unheard) essentially require that the person charged should be given an opportunity of being heard, but the said person has all the rights not to avail of the opportunity of being heard and/or voluntarily forego the same. Further, having voluntarily accepted the valuation and having expressly forgone the requirement of Show Cause Notice and personal hearing, it is not open to the appellant to question the valuation at this stage and also by voluntarily admitting un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s US $ 0.40 per Kg. but the same was not accepted and loaded to US $ 0.50 per Kg. This loading in the value was done in consultation with Shri Gautam Sinha, the Representative and Special Attorney of the appellants who even signed an affirmation accepting the loaded value of the goods on the back of the Bill of Entry dated 7-5-1999. After loading of the value, the appellants produced the special import licence and paid the duty on the goods accordingly of Rs. 4,22,008/- on 19-5-1990. Having once accepted the loaded value of the goods and paid duty accordingly thereon without any protest or objection they are legally estopped from taking somersault and to deny the correctness of the same. There is nothing on record to suggest that the loaded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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