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M/s. Jayalakshmi Enterprises Versus Commissioner of Customs (Import) , Chennai

Mis-declaration of goods - Enhancement in value of goods - Demand of differential duty - Confiscation of goods - Imposition of redemption fine - Held that:- appellant has mis-declared the quantity and certain goods was not declared by the appellant nor in the invoice. We also find that the appellants were fully aware of the quantity and also description and the proposed value which they have initially clearly admitted in their statement before the investigating authority and waived the show caus .....

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as also rightly examined their plea and gave clear finding on the appellant s contention for variation in quantities. Accordingly, rejection of transaction value, demand of differential duty and the confiscation are liable to be upheld. - However, redemption fine is reduced - Decided partly in favour of assessee. - C/10/2007 - Final Order No. 41366 / 2015 - Dated:- 1-10-2015 - Shri R. Periasami, Technical Member And Shri P. K. Choudhary, Judicial Member For the Appellant : Shri B. SatishSundar, .....

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6 was initially assessed on second appraisement based on the appellants declaration and the value was enhanced to ₹ 6.57 lakhs. Based on the intelligence, the SIIB of Customs examined the goods and found variations in the quantities and description. The appellants accepted the enhancement of value and the mis-declaration and waived both show cause notice and personal hearing. The adjudicating authority in his order dated 18.7.2006 enhanced the value and demanded differential duty of ₹ .....

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3. Learned counsel for the appellant reiterated the grounds of appeal and submits that they have imported sports goods of various items as per the invoice at page 27 of the paper book. He submits that initially the value was enhanced and again it was further enhanced based on the NIIB data and internet which is not acceptable. He drew attention to paragraphs 6.1 to 6.4 of the impugned order and submits that the appellate authority has not considered their plea at all. He relied on the following .....

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consistently held that mere NIIB data and valuation circular cannot be the criteria for enhancement of value under section 14 of the Customs Act, 1962. He also submits that the appellants mere waiving of the show cause notice and personal hearing does not imply that they have admitted the mis-declaration of goods etc. The burden is on the department to prove that transaction value is wrong or mis-declared. In support if his contention, he relied on KhushiramBeharilal Vs. Commissioner of Customs .....

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also waived the show cause notice and personal hearing vide their letter dated 27.3.2006. All their arguments before the lower appellate authority and this Tribunal are only afterthought which has no basis. He submits that the entire case laws relied on by the appellants is not applicable to the facts of the present case as there is no mis-declaration in the above cited cases. He submits that the adjudicating authority has rightly rejected the transaction value and enhanced the value and also co .....

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sed on the intelligence, the goods were examined by the SIIB of Customs in the presence of importer. We find as per Annexure I to the adjudication order, appellant hasmis-declared the quantity and certain goods was not declared by the appellant nor in the invoice. We also find that the appellants were fully aware of the quantity and also description and the proposed value which they have initially clearly admitted in their statement before the investigating authority and waived the show cause no .....

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