TMI Blog2007 (3) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... wo appeals are taken up together for hearing and disposal. 3. The impugned orders hold that the appellants imported 5-in-1 advanced multi-player system comprising VCD player, MP-3 player, cassette recorder, audio CD player and radio but for the purpose of claiming assessment at lower rate of duty split the consignments into two parts comprising of the main unit and the speakers. The order also holds that the appellants declared a combined lower value per set of the main unit and the speakers and orders assessment at higher value of US $37 per set. 4. The appellants challenge the orders re-classifying the impugned goods as single units and revaluing the same. They are also challenging the order of confiscation, imposition of redempti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... When the transaction itself is coloured by manipulation, the declared value obviously would not represent the transaction value to qualify to be adopted as the Customs value for assessment. Hence, we find nothing wrong in the adjudicating Commissioner discarding the declared value for the split consignments and adopting another pre scribed method of valuation based on value of comparable unbranded goods of same origin imported in comparable quantity. As such, enhancement of the value as has been ordered by the adjudicating Commissioner is in order and does not call for our interference. 7. As regards imposition of redemption fine and penalty, the ld. Advocate has very strongly argued that when assessment is provisional, no demands can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omparable import price. We find that the General Introductory Commentary to the WTO Valuation Agreement, which is the basis of Indian Customs Valuation Law, does conceive of arriving at Customs value by a process of consultation between the Customs and the importers when the transaction value method cannot be applied. As such, we find nothing wrong the way Customs has arrived at valuation in these cases with the agreement of the importers. 10. However, as regards confiscation and penalty, we are of the view that when the transaction value method of valuation is discarded and value is determined by adopting another method, as has been done in this case, confiscation of goods and imposition of penalty is not justified, unless there is suf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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