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M/s. MKN Poly Associates Versus Commissioner of Customs (Import)

2015 (10) TMI 2441 - CESTAT MUMBAI

Valuation Copper scrap of Birch and Dream variety Appellant contends that value of goods is not based upon the contemporaneous import and no reason to suspect that one of country of origin is correct and other one is fake Redemption fine not based on market inquiry but arbitrarily and same is on the higher side along with penalty Revenue contends that goods were mis-declared - Clove variety described as scraps of Dream variety Country of origin is fake and redemption fine and penalty a .....

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00/- Decided in favour of assessee. - APPEAL NO. C/704/04 - A/3252/2015-WZB/CB - Dated:- 7-10-2015 - Mr. P.K. Jain, Member (Technical) And Mr. Ramesh Nair, Member (Judicial) For the Petitioner : Shri. G.B. Yadav, Advocate For the Respondent : Shri. Chatru Singh, Asstt. Commissioner(A.R.) ORDER Per : P.K. Jain Brief facts of the case are that the appellant imported Copper Scrap of two varieties namely Birch and Dream and filed Bill of Entry. The appellant also claimed concessional rate of duty on .....

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In respect of other variety, genuinity of certificate was confirmed. As far as scrap of purported Dream variety is concerned based upon chemical analysis and prevailing price of copper scrap and on the basis of contemporaneous import, assessable value was re-assessed from US$1200/- PMT CIF to US$1378 PMT CIF. Further the benefit of exemption relating to the goods of Sri Lanka origin was denied. 2. The case was adjudicated wherein value of the goods was enhanced, goods were confiscated under 111 .....

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n has been done by the supplier of goods/sender of the certificate. Ld. Counsel also submitted that the value of goods is not based upon the contemporaneous import. Ld. Counsel further submitted redemption fine was not imposed on the basis of any market inquiry and has been imposed arbitrarily. He further cited Judgment of Honble Supreme Court in case of Commissioner of Customs, Mumbai Vs. Mansi Impex[2011(270) ELT 631(S.C.)] to support his contention that Redemption fine is to be based upon ma .....

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is-declared but even country of origin certificate submitted was found to be fake. It was also submitted that if the fact that country of origin certificate is fake was not detected, the appellant would have got ineligible benefit of ₹ 5 lakhs in duty. Learned A.R. submitted redemption fine imposed is not on the higher side keeping in view of the value and duty involved in the goods. Even penalty imposed is not higher side for the same reasons. 4. We have considered the rival submissions. .....

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