TMI Blog2015 (10) TMI 1775X X X X Extracts X X X X X X X X Extracts X X X X ..... that the imported goods are nothing but scrap and valued the same as per the highest bid received. - Seizure and confiscation of goods under Section 111(d) and 111(m) of the Customs Act, 1962 Held That:- After reading the report obtained by Department, it is evident that items imported were nothing but scrap - Valuation report obtained by Department cannot be acted upon as it did not value the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Customs Department and along with the duty, the value was shown at ₹ 12,55,990/-. During the course of examination, it was found that the goods imported were actually articles of zinc such as door handles, door lock nobes, water tap handles or shower handles and bathroom fitting covers of virgin quality and of serviceable nature. This discovery as to the nature of the consignment was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as recorded under Section 108 of the Act wherein they admitted that there was an attempt to evade tax. A show cause notice was issued by the Joint Commissioner of Customs, Kandla under Section 124 of the Act relating to confiscation of goods, levy of duty on valuation done by the valuer and levy of penalty. The Commissioner of Customs, Kandla upheld all the allegations made in the show cause no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf, we are convinced that the goods imported were nothing but scrap. In such a case, it becomes clear that there was no misdeclaration by the respondent whatsoever. Insofar as valuation of these goods is concerned, the valuation report obtained by the Department cannot be acted upon as it did not value the product correctly. Moreover, it was based on the value as prevailing in the Indian market wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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