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2016 (4) TMI 275 - CESTAT NEW DELHI

2016 (4) TMI 275 - CESTAT NEW DELHI - TMI - Confiscation of goods and imposition of penalty - Mis-declaration of quantity of goods - Import of Gold, Platinum and Silver Jewellery (Plain) - Jewellery purchased in auction in Italy - Held that:- it is not a regular case of import of jewellery, the declarations in the bill of entry were made based upon the invoice issued by M/s Graser, Italy (exporter), which has the stamp of approval by the Court of Bassano Del Grappa, Italy as also by the official .....

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r cannot be made a ground either for confiscation of the goods or for imposition of penalty upon the appellant. - Decided in favour of appellant with consequential relief - Customs Appeal No. 622 of 2010 - Final Order No. 51057/2016 - Dated:- 16-3-2016 - MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri Vishwanath Shukla, Advocate For the Respondent : Shri Ranjan Khanna, Authorized Representative (DR) ORDER PER. ARCHANA WADHWA :- As per .....

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of 197.59 gms. of jewellery in excess than the declared quantity. Accordingly, the entire consignment was seized on the reasonable belief that the goods were under valued. 3. Resultantly, investigations were undertaken and the statement of one of the Directors was recorded. It was deposed by the Director that the jewellery, in question, was purchased during auction of the same in Italy as the owner company M/s Graser had gone into liquidation. The official liquidator letter dated 30/07/2010 ind .....

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e backdrop, the appellants were issued show cause notice for enhancement of the value as also proposing confiscation of the goods and imposition of penalty. The said show cause notice culminated into the present impugned order passed by Commissioner vide which the value of the goods stand enhanced and the same stand confiscated with an option to the appellant to redeem on payment of redemption fine of ₹ 1,00,000/-. In addition, penalty of ₹ 50,000/- stand imposed from the appellant u .....

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almost one year ago was mentioned in the invoice No. 6 dated 30/06/2010 and the importer had declared the same value in the bill of entry. However, the Commissioner has not accepted the said value on the ground that as per Section 14 of the Customs Act, the value of the imported goods shall be the transaction value, i.e., the price actually paid or payable for the goods for delivery at the time and place of importation. He has observed that since the price of the goods was paid by the importer w .....

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in relation to the price paid or payable. If there is no dispute about the price actually paid, the same cannot be enhanced subsequently on account of time gap between the payment of consideration of the sale and the export of the goods. By drawing our attention to the Valuation Rules, its stand strongly argued before us that the said Rules are not applicable in as much as there is no reason to doubt the transaction value. As such, he prays for setting aside the impugned order and allowing the a .....

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has accepted the appellant s stand that the value declared by the appellant is the actual value paid by them to the exporter of the goods. In fact, we find that there is ample evidence on record to show that the jewellery, in question, was purchased by the appellant in close bid auction through sale confirmation issued by the Court of Bassano Del Grappa, Italy. The said value stands rejected by the lower Authorities on a simple ground that the sale was concluded one year prior to the actual impo .....

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the absence of any doubt, it was not open to the Adjudicating Authority to reject the declared value. On the one hand, he himself is arriving at a finding that the goods were actually purchased by the appellant at the declared value and i.e. the price which stand paid by the appellant to their exporter. As such, there was no valid reasons for rejection of the transaction value. 8. Examining the provisions of Section 14 of the Customs Act, we find that the emphasis in respect of the assessable v .....

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based upon the time at which the goods enter the Indian Territorial Borders. The reference to time is admittedly related to the price of the goods, which has either actually been paid or is required to be paid by the importer for delivery of the goods at a particular time of importation. In the absence of any doubt about the payment of the goods made by the appellant to their foreign exporter, we find no reasons to enhance the same on the sole ground that import has taken place subsequent to th .....

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of the value. 10. It is also seen that there are findings by the lower Authorities on the jewellery being in excess of the declared quantum, by 197.59 gms. Learned Advocate appearing for the appellant submits that the entire jewellery stands purchased at the declared value through a Court auction, which fact is not being disputed. The difference in weight, if any, may be on account of the benefit of some wastage like lack, gum, dust etc. in the jewellery having been extended by M/s Graser. M/s .....

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