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Union of India & Another Versus M/s Jayshree Metal Corporation

2015 (10) TMI 1775 - SUPREME COURT

Valuation - Zinc Die Cast Scrap imported; claimed classification under Chapter Sub-Heading 7902.00 – On examination, very few pieces were found to be scrap and balance all items were found to be unused and they were serviceable – High Court held that .....

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partment, 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 product correctly – Department had no other evidence to value goods thus the High Court had no o .....

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Ms Sunita Rani Singh, Adv., Mr Rupesh Kumar, Adv. Mr B V Niren, Adv. & Mr B Krishna Prasad, Adv For the Respondents : Mr Kavin Gulati, Sr Adv., Mr Deepta Kirti Verma, Adv., Mr Dilip Mamtora, Adv. & Ms Neha Sharma, Adv ORDER The respondent im .....

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s 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 qua .....

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e unused and they were serviceable. The entire consignment was placed under seizure under a reasonable belief that the same was misdeclared for description and value and were liable for confiscation under Section 111(d) and 111(m) of the Customs Act, .....

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he date of seizure itself, statement of one of the partners of the Customs House Agent Firm and the Proprietor of the respondent was recorded under Section 108 of the Act wherein they admitted that there was an attempt to evade tax. A show cause noti .....

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s made in the show cause notice and ordered accordingly. The respondent challenged the Order-in-Original before the Customs, Excise & Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT') which upheld the Order-in-Original .....

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ing but scrap and further it was sold as scrap even by the Department and in two rounds of auction the highest bids received for the same were ₹ 11,75,000/- and ₹ 13,55,555/-, therefore, the value of this scrap could not have been higher. .....

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