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M/s. Wardhman Trading Co. Versus Commissioner of Customs, Nagpur

2015 (11) TMI 1397 - CESTAT MUMBAI

Valuation - import of old and used monitors - restricted items - Confiscation of goods - Imposition of redemption fine and penalty - Misdeclaration of goods - Held that:- As per the facts of the case, the appellant has mis-declared the description of the goods and on examination; the imported monitors were found to be used and old. As per the Exim Policy import of old and used items can be made only on the import licence. The appellant fail to comply this requirement of the policy, therefore the .....

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: Mr. D. K. Sinha, Asstt. Commr. (AR) ORDER Per: Shri Ramesh Nair This appeal is directed against Order-in-Appeal No. RK/18/NGP-Cus/2004 dated 29.01.2004 passed by the Commissioner of Customs, Nagpur, wherein the Ld. Commissioner in the appeal filed by the appellant, passed the following order: (i) the penalty imposed by the lower authority under Section 112(a) of the Customs Act, 1962 is reduced to ₹ 60,000/- (Rs. Sixty Thousand Only) (ii) the redemption fine of ₹ 5,00,000/- imposed .....

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3. The goods in question were examined in the presence of the representative of the importer on the first check basis and was noticed that the importer has not declared any specific description, make, model, quantity etc. of each monitor, whereas the description, model no. and quantity were verified. In the examination, the goods were found to be old and used 15 colour monitor with the make, model no., country of origin and year visible on the main frame. The monitors were of assorted brands. T .....

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the assessment at the rate of ₹ 760.76 in respect of Entry No. 2672 dated 04.12.2003 in terms of Rule 6 of the Customs Valuation Rules, 1988. Confiscation of goods is question under Section 111(d) and 111(m) and penalty under Section 112(a) of the Customs Act, 1962 was also proposed in the show cause notice. 5. In the adjudication, the adjudicating authority vide Order-in-Original No. 1/04 dated 17.01.2004 enhanced the total value of goods to ₹ 7,87,387/- and ordered levy on custom d .....

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der-in-Original, accordingly reduced the penalty to ₹ 60,000/- and redemption fine to ₹ 2,50,000/-. Being aggrieved with the impugned order, the appellant is before us. 7. Shri N. D. George, Ld. Counsel for the appellant made a statement that on the instruction of the appellant that the appellant is not contesting the valuation issue. However, they only contest the imposition of redemption fine and penalty. In this regard, he submits that the appellant is not disputing the valuation .....

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