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2016 (7) TMI 360 - CESTAT CHENNAI

2016 (7) TMI 360 - CESTAT CHENNAI - TMI - Valuation - Classification of imported goods - whether to be classified as “Integrated Receiver Decoder” also known as setup Box or “Digital Satellite Receiver” - benefit of exemption contemplated by Notification No. 21/2002-Cus dated 01.03.2002 - Appellant only contested against the redemption fine and penalty imposed without disputing the duty demanded. - Held that:- Without going into the details of the duty liability which remained undisputed by .....

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goods imported were supplied by the appellant to the cable operators. - To reduce the litigation and also considering that imposition of redemption fine @ 5% of the assessed value would be justified in absence of market value determined by the adjudicating authority, that is ordered. Similarly levy of penalty of ₹ 1,00,000/- lakh would be justified for the technical breach of law on the facts and circumstances of the case. - In the result, the appeal filed by the appellant company .....

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ecoder also known as setup Box, Revenue disputed the same contending that to be Digital Satellite Receiver . Accordingly Revenue proceeded to assess the goods according to its assertion. The appellant agreed to that. 2. On the above undisputed fact, Revenue imposed appropriate duty denying the exemption contemplated by Notification No. 21/2002-Cus dated 01.03.2002 as amended by Notification No. 3/2004-Cus dated 07.01.2004. Redemption fine of ₹ 37,20,000/-was also imposed on the goods value .....

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ting the duty demanded. It was precisely prayed that during a short period prior to filing of the Bills of Entry, changes in Notification has occurred. Earlier Notification granted exemption to the goods imported. But later Notification denied the same. That caused confusion. When exemption benefit was claimed by appellant, that was denied by Customs. Appellant does not press any ground on allowance of exemption benefit. So also he submitted that appellant does not intend to litigate the matter .....

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