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2015 (4) TMI 1074 - CESTAT NEW DELHI

2015 (4) TMI 1074 - CESTAT NEW DELHI - 2016 (332) E.L.T. 877 (Tri. - Del.) - Imposition of penalty - Rejection of declared value - Revenue rejected the declared value of imported goods and enhanced it by referring Rule 9 of the Customs Valuation Rules, 2007 by solely based on the DRI's letter dated 6.1.2009, without comparing the it with any identical/similar goods imported at or about the same time - Held that: Revenue's rejection of declared value is not legal and proper and also quantum of pe .....

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der No. 51967 /2015 - Dated:- 30-4-2015 - MR. S.K. MOHANTY, MEMBER (JUDICIAL) For the Petitioner : Mr. Mohan Lal, Advocate For the Respondent : Mr. R K Grover, DR ORDER PER S. K. MOHANTY (FOR THE BENCH): This appeal is directed against the impugned order dated 21.11.2014 passed by the Commissioner of Customs (Appeals), New Delhi. 2. The brief facts of the case, leading to this appeal, are as follows: The appellant imported 121 BLS of used clothes (Mixed Cotton Rags) from M/s Shanghai Yangtse Ind .....

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ition of penalty was upheld by the Commissioner (Appeals) in the impugned order. Hence, this present appeal before this Tribunal. 3. The Ld. Advocate appearing for the appellant submits that the quantum of penalty imposed in the impugned order is arbitrary, considering the fact that the appellant is a first time importer of the goods in question. He further submits that Rule 9 of the Customs Valuation Rules, 2007 has not been properly applied in enhancing the declared value. It is the submission .....

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