TMI Blog2016 (5) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of goods is to be decided and it is seen that the department has done so on physical examination of the sample drawn, and on the basis of an earlier test report of similar goods. As regards valuation, it is observed that the Dept. has made market inquiries and the final value was re-determined on the basis of local prices and ECDB data. It is observed that ECDB data relied upon is not for iden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, we take up the matter for disposal with the assistance of the Authorised Representative for Revenue. 2. The brief facts of the case are that the assessee filed a shipping bill classifying the goods Indian Hand knotted Woollen Carpet under CTH 57011000 having quantity 1962.780 sq. mt with per unit value of 77 USD (Rs 4,822.50). The total FOB value of the shipping bill was ₹ 93,97,376/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se any penalty. The Dept aggrieved by the said order, moved the Commissioner (Appeals) on the grounds that redemption fine and penalty should be imposed on the appellant for the said violations. The Commissioner (Appeals) vide impugned Order in Appeal allowed the appeal filed by the Revenue and directed the lower authority to impose redemption fine on the goods in terms of Section 125 and penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue was re-determined on the basis of local prices and ECDB data. It is observed that ECDB data relied upon is not for identical goods. It is for similar goods of 50% wool, and/or 80% jute ands 20% cotton. Hence, we do no find this case fit to warrant imposition of redemption fine under Section 125 or penalisation under the provisions of Section 114 of the Customs Act 1962. 4. In view of the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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