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M/s Abaj Electronicis Pvt. Ltd. Versus Commissioner of Customs (Prev) , Jamnagar

2016 (4) TMI 681 - CESTAT AHMEDABAD

Confiscation of goods and imposition of penalty - Import of LED TV's - Goods covered under clearance on the basis of MRP value - Differrantial duty and interest paid immediately before issuance of Order-in-Original - Appellant contended that there wa .....

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ty and interest before issuance of the Order-in-Original, so it is found to be a fit case for reduction of redemption fine. It is also seen that the importer had paid 25% of the penalty imposed under Section 114A of the Customs Act, 1962. Therefore, .....

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etitioner : Shri Vipul Khandhar, CA For the Petitioner : Shri T K Sikdar, AR ORDER Per P. M. Saleem The Appellant herein M/s Abaj Electronics Pvt. Ltd is engaged in trading of LED TVs and had imported a consignment of LED TVs and filed a Bill of Entr .....

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90 per LED TV, whereas, it was found on examination that the MRP price affixed on the packages was ₹ 19,990 per piece. Hence, the differential duty of ₹ 6,55,682 was demanded and the matter adjudicated vide the impugned OIO. Aggrieved by .....

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#8377; 14590 on the Bill of Entry is a bonafide mistake on the part of their Customs Broker Agent. As they were in urgent need of the goods due to Diwali season, they immediately paid the differential duty with interest before issuance of OIO, and ha .....

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th an option to redeem the same on payment of redemption fine of ₹ 22 lakhs and also imposed penalty of ₹ 6,55,682.00 under Section 114A of the Customs Act, 1962. The learned Chartered Accountant submits that they have paid the redemption .....

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mistake and therefore, contests the confiscation of the goods and imposition of penalty. 3. On the other hand, the learned Authorised Representative for the Revenue contends that the mis-declaration of MRP was found out only on the examination of goo .....

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of declaration of correct MRP is on the importer, it amouns to mis-declaration of the goods and therefore, seizure and confiscation of the goods are legally correct and appropriate. He therefore, strongly contends that the redemption fine and the pe .....

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