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M/s. Shri Garungovind Exim Pvt Ltd. Versus C.C. New Delhi (icd Tkd)

2015 (4) TMI 1074 - CESTAT NEW DELHI

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 .....

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had incurred demurrage and other shipping charges for delayed adjudication, which has a direct bearing on the profitability in the appellant's firm; and also the appellant is a first time importer of the goods therefore, the interest of justice weigh .....

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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 De .....

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e Customs authorities for clearance of the imported consignment. The value declared in the said Bill of Entry was not accepted by the Customs Department and upon proper investigation, the declared value furnished by the importer was rejected and the .....

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er. 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 t .....

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of identical or similar goods, DRI's letter issued in 2009 cannot be relied upon for enhancing the declared value. The ld. Advocate prays for reducing the penalty amount on the ground that demurrage and additional shipping charges have been incur .....

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6. I find that rejection of the declared value by the Customs Department is justified in the present case, but its enhancement by referring to Rule 9 of the Customs Valuation Rules, 2007, in my opinion, is not legal and proper. Enhancement of value, .....

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