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M/s. Sun Gems Ltd., M/s. Suhani Gems And Shri Sunil Batwara Versus Commissioner of Central Excise, Jaipur I

2017 (10) TMI 474 - CESTAT NEW DELHI

Valuation of imported goods - semi-precious gems cubic Zerconia of all sizes from 1.00 mm to 3.00 mm - rejection of declared value - Held that: - The revaluation of the imported goods has been done by the duly constituted Committee by the Commissioner of Customs. The Valuation Committee was constituted in pursuance of Rule 9(1) Rule 6 and Rule 4(1) of Customs Valuation Rules and the opinion of experts were also obtained - out of the three members, majority of two members was from the trade who w .....

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ed against appellant. - Customs Appeal No.50789-50791 of 2017 - C/A/56478-56480/2017-CU[DB] - Dated:- 11-9-2017 - Mr. (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) Shri B L Sharma, Consultant for the Appellants Shri K Poddar, DR for the Respondent ORDER Per: V. Padmanabhan Appellants have filed against the order in appeal 016-018/2017 dated 16.3.2017. Investigations were undertaken by the Customs department into imports made by M/s Suhani Gems and M/s. Sun Gems, Jaip .....

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f recovered record as well as recording the statement of Shri Sunil Batwara, the department came to the conclusion that the imported consignment of cubic zirconia of various sizes were packed in normal packing pouches without bearing any brand name but at under-valued prices. The branded packing material, imported separately, was used to pack the semi-precious gems before selling in the local market with the brand names. The department ascertained the true value of imported goods on the basis of .....

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lant firms as well as Shri Sunil Batwara, partner which are being decided through this common order. 3. With the above background, we heard Shri B L Sharma, consultant on behalf of the appellants and Shri K Poddar DR for the Department. 4. Learned Counsel for the appellants submitted that the valuation of the seized goods was not done properly. He argued that the Valuer Shri Rajesh Dhamani had indicated the value of gems of size 3.5 mm to 8 mm whereas the goods seized were of sizes 1.00 mm to 3. .....

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ubmitted that branded gems of higher value was imported, but the packing material bearing the brand name was obtained separately vide Foreign Post parcel. Accordingly, he justified the confiscation of the imported goods. 6. Both the appellant firms have imported semi-precious gems cubic Zerconia of all sizes from 1.00 mm to 3.00 mm. During the search of the appellants premises, such semi-precious stone as well as imported packing material were found and seized. The appellants were found to pack .....

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by Shri Sunil Batwara. From the above facts, the modus operandi adopted by the appellants stand established. 7. The declared transaction value in the Bill of Entry have been rejected by the lower authorities. In the light of the fact that branded gems were imported separately and the corresponding packing material, with the brand names to be used for vacuum packing, have been imported separately. During search, the departmental officers also found the gems being packed in such packing material t .....

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