TMI Blog2014 (6) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... iven an opportunity to explain his case that the seized/confiscated rough diamonds have been duly imported by him under regular Bills of Entry, when he is claiming the ownership of rough diamonds involved in these proceedings. The matter is therefore, required to be remanded to the adjudicating authority by setting aside the OIO dt.15.10.2012. It is directed that adjudicating authority should get the valuation of the seized rough diamonds done from an expert committee consisting of one member chosen by the appellant and the other member by the Revenue. Appellant should also be heard in the matter to explain their case that seized rough diamonds are out of the rough diamonds imported by the appellant under Bills of Entry. In view of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the seized/confiscated diamonds may be done by GJEPC panel. Ld.Advocate made the Bench go through Para 50(iv) of the adjudication order dt.15.10.2012 where the plea of over-valuation was taken by the appellant before the adjudicating authority and it was requested that valuation should be done by GJEPC Valuation Committee. Appellant relied upon the judgment of CESTAT Mumbai in the case of Sagar Impex Vs Commissioner of Customs (Airport) Mumbai [2005 (06) LCX 215 = 2006 (193) ELT 0289 (Tri-Mum)] where under similar circumstances, case was remanded to the adjudicating authority for getting the re-valuation of the diamonds done from an Expert Panel. It was his case that the case may be remanded to the adjudicating authority to get the re-v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chosen by the appellants and the other by the department. The goods should be re-valued in the above manner and a decision arrived at during the remand proceedings. We, therefore, remand the matter to the Adjudicating Authority to have a Panel constituted as directed above and take a final decision. The stay application as well as the appeal are disposed of as above. 4.1 As per Para 50(iv) of the OIO dt.15.10.2012 appellant has taken up during the adjudication proceedings that rough diamonds are over-valued and that the same should be re-valued by GJEPC Valuation Committee. The findings of the adjudicating authority in Para 59 of the OIO dt.15.10.2012 on valuation of the rough diamonds may not be appropriate in view of the case-law relie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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