TMI Blog2014 (10) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... onsignment - enhancement of assessable value - identical issue raised in the case Katrina Deals vs. CC, New Delhi [2015 (7) TMI 148 - CESTAT NEW DELHI] - Held that: - It is well settled that valuation has to be done based upon the evidence and not upon the doubts. The assessable value has to be arrived at on the basis of the provisions of Customs Valuation Rules, 2007, which have been the subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Govind Dixit, ARs ORDER Archana Wadhwa (Judicial Member) All the appeals are being disposed of by a common order as the issue is identical. 2. The lower authorities have confiscated the imported old and used photocopier on the allegation that the same stand imported without the license and in contravention of the provisions of Foreign Trade policy. The value of imported goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority has expressed doubts about the transaction value and has observed that in case of import of old and used items, the assessable value is enhanced as per the regular practice. We are afraid we do not find ourselves in agreement with the above views of the Appellate Authority. The assessable value has to be arrived at on the basis of the provisions of Customs Valuation Rules, 2007, which have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se. 4. We find that the Commissioner (Appeals) has already reduced the redemption fine from ₹ 3.30 Lakhs to ₹ 2.50 Lakhs and penalty from ₹ 1.30 Lakhs to ₹ 75,000/-. Ld. Advocate has brought to our notice the other decision of the Tribunal where the redemption fine was reduced to 10% and penalty to 5%. Our attention stands drawn to a latest decision of the Hon ble Punj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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