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2016 (3) TMI 192 - CESTAT ALLAHABAD

2016 (3) TMI 192 - CESTAT ALLAHABAD - TMI - Setting aside of Redemption fine and penalty - Appellant imported CR coils but it appears that shipper have wrongly dispatched galvanised coils - But revenue made it a case of misdeclaration and revalued the goods and also held the goods liable for confiscation redeemable by paying redemption fine and penalty under Section 112 of the Customs Act, 1962 - Held that: the appellant have filed the bill of entry as per the documents, that is bill of lading, .....

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in favour of appellant with consequential relief - Cus. Appeal No. 55660/14 - Dated:- 29-10-2015 - Anil Choudhary, Member (J) For the Appellant : Shri Abhas Mishra, Adv For the Respondent : Shri Vikram Kaushik, AC (AR) ORDER Per Anil Choudhary The Appellant, M/s Bindal Enterprises, is in Appeal against Order-in-Original No.03-Commissioner/Cus/2014 dated 15.09.2014 passed by Commr. of Customs, Noida. 2. Brief facts are that the appellant filed bill of entry No.6359944 dated 6/8/14 declaring the .....

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he appellant accepted the examination report and stated that although they had placed order for CR coils (non-alloys) but it appears the shipper have wrongly dispatched galvanised coils. They also produced a letter dated 21/8/14 issued by the shipper-Indicca Group Limited stating that although the appellant had placed order for CR coils at the rate of 564 USD PMT but as they were out of stock of CR coils, these dispatched galvanized coils mentioning in the invoices as CR coils. Thus further cert .....

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to rule 4 and 5 of Customs Valuation Rules, 2007. The value on the basis of CIF on the date of bill of lading that is 4/7/14 at ₹ 655 USD/PMT as per NIDB was adopted and the value was worked out at Rs, 52,00,410/-against declared value of ₹ 46,58,457/- 2. Vide order dated 15/9/14 it was held that the transaction value as declared is not acceptable and valuation was adopted as per contemporaneous import data that is, NIDB data and accordingly the goods were revalued at ₹ 52,00,4 .....

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