9911796707
TMI Blog2017 (9) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... that the average declared value of the brass hardware imports was 25-30% lower than the prevalent notified tariff value for brass scrap. One such importer, investigated by C.C. (Prev.), Delhi was M/s Munjal Sanitations. Statements of the proprietor of the company were recorded. The appellants were also asked to submit (i) manufacturer's invoice, (ii) manufacturer's catalogue and (iii) detailed packing list. However, the appellants did not submit any documents in this regard. During investigation, the proprietor of the company was also confronted with Proforma Invoice No.TS1-09-12-08 dated 08.12.2009 of M/s Trading Syndicate. He was subsequently asked whether he conformed to the prices of ball valves etc. mentioned in the Proforma In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the declared/assessed value at the time of import. A show cause notice was issued to the appellants and the same was adjudicated resulting enhancement of value on the basis of LME price of Zinc for the relevant period of the import, confiscation of goods and redemption fine of Rs. One Lakh and penalty of Rs. 81,208/- on the appellants under Section 114(A) and penalty of Rs. 1 lakh under Section 114 (AA). Aggrieved from the same, the appellants went before the Commissioner (Appeals), who set aside the redemption fine on the ground that the goods once having been cleared unconditionally cannot be confiscated. Remaining part of the order was upheld. Aggrieved from the same, the appellant have filed this appeal. 3. Ld. Advocate for the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f entry were finally assessed. 7.1 The adjudicating authority has rejected the transaction value of the appellant importer in the impugned orders by recording the finding that he disagree with the transaction value due to following reasons :- "(a) That the prices of the brass/zinc valves were less than the LME price of valves and scrap of brass and zinc. (b) Statement recorded of Sh. S.K. Dhawan indicated that the said valves had brass content 76% and iron content 24%, zinc content in zinc ball valves was 65% and iron content was 35%." 7.2 That under valuation and mis-declaration has been admitted due to the fact that importers have not submitted the manufacturer invoices, catalogues from the trading house, supporting interrogation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity has relied upon only the statement of Shri S.K. Dhawan to hold that the valves were having brass and zinc content as mentioned. 8.2 Secondly, we find that the adjudicating authority has rejected the transaction value as filed by the appellant without any reasoning or finding. The only finding recorded by the adjudicating authority is that the said values are unrealistic and ridiculously low. To arrive at such finding the adjudicating authority has not brought on record any contemporaneous import of the same items. The provisions of Customs Act, 1962 are very clear on this point inasmuch as in order to reject the transaction value the least that is expected is to produce any evidence of contemporaneous import of higher value. In the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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