TMI Blog2017 (12) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... is liable to criticism - So also when there was huge difference in the value declared and determined, establishing deliberate mis-declaration, levy of penalty of ₹ 5 lakhs also appears to be too low and is an incentive to wrong doing. Appeal dismissed - decided against appellant. - C/1219 to 1221/08 - A/90896-90898/2017 - Dated:- 21-9-2017 - Shri D.N. Panda, Judicial Member And Shri C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st value of ₹ 3,60,40,060/-. Accordingly overvaluation of the goods was alleged by Customs. 4. Learned adjudicating authority noted that there was variance in value by 79.21% declared by the importer in respect of category of the diamonds mentioned at Sr. No.8 of the packing list. On an overall assessment, he recorded in para 30 of his order that the value suggested was 33.19% lower than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion adopted by the panel also remained uncontroverted by appellant. Such assertion of Revenue is apparent from paragraph 30, 31 and 38 of the adjudication order. 7. When appellant failed to challenge the valuation made by the Expert Trade Panel there remained no scope to order for revaluation pleaded by appellant. Action of appellant established mis-declaration of import rendering the goods lia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce in the value declared and determined, establishing deliberate mis-declaration, levy of penalty of ₹ 5 lakhs also appears to be too low and is an incentive to wrong doing. It is also surprising why Revenue has not come in appeal against the misplaced sympathy of learned adjudicating authority. It is shocking to read para 40 of the impugned order reproduced below demonstrating misplaced sym ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
