TMI Blog2006 (8) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... hancing assessable value of Button Cells and Battery Cells imported by M/s. Shimnit Machine Tools Equipment Ltd. (hereinafter referred to as the Importer) under 4 Bills of Entry and confirmed differential duty demands as a result thereof, confiscating of the imported goods under Sec. 111(m) of the Customs Act, 1962, and since the goods were not available for confiscation, imposing a penalty of Rs. 36,72,659/- under Sec. 114A in respect of goods covered by 3 Bs/E and penalty of Rs. 28,66,741/- under Sec. 112(a) in respect of the 4th consignment and imposing penalties of Rs. 10 lakhs and Rs. 5 lakhs respectively on the Director of the importer company and Shri Sandeep G. Singhvi under Sec. 112(b) of the Customs Act. He has enhanced assessab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The loading was done on the basis of evidence of contemporaneous import data available with the department and after detailed examination of the goods. Since the Bills of Entry were finally assessed after enhancement of value, there can be no further loading of value as held by the Tribunal in the case of Informatika Software v. CC(P), Kolkata [1997 (73) ECR 348], and Lord Shiva Overseas [2005 (181) E.L.T. 213] particularly on the basis of quotations/letters/price lists. No export declaration of the supplier is available with the department in respect of Maxell Brand Batteries. The loading on the basis of profoma invoice signed by Nitin and Sanghvi and issued to SANSHO, Japan cannot be relied upon as it is well-settled that value cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs, GATT Valuation Cell, Mumbai has held that the appellant M/s. Shimnit Machine Tools Equipments Ltd. was not related to M/s. Maxell and goods imported from Maxell be assessed on merits under Rule 4(1) of the Valuation Rules on the basis of prices shown in Schedule A to the said order which are the same prices shown in the two Bills of Entry Nos. 3713 and 7681, herein above referred to and relied upon by the appellants. 4. In the absence of any contemporaneous imports and in the light of the above, the value of goods cannot be loaded. The transaction value being available and the situation envisaged under Rule 4 of the Customs Valuation Rules being absent, the declared value is required to be accepted particularly when there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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