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TMI Blog2018 (1) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... C (AR) For the Respondent ORDER Per Bench The facts of the case are that appellant had imported goods declared as "Zinc Ash in free flowing form minimum 65% zinc, lead < 1.25% and calcium < 0.1% intended for manufacture of Agricultural grade Zinc Sulpuate" and declared the heading as CTH 79020090 to claim concessional rate of Basic Customs Duty under Notification No.21/07-Cus. Sl.No.339. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (m) of the Act, however giving an option of their redemption on payment of fine of Rs. 1 lakh under Section 125 ibid. Penalty of Rs. 75,000/- was also imposed on the appellant under Section 112 (a) of the Act. Hence this appeal. 2. Today when the matter came up for hearing, on behalf of the appellant, Ld. Advocate Shri A.K. Jayaraj submits that the declaration made by the appellant at the time o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t results. Accordingly, the goods correctly merit being classified under CTH 26201900. In respect of the dispute concerning enhancement of value, Ld. A.R submits that value declared by the importer cannot be accepted as transaction value and was found to be very low compared to contemporary imports based on NIDB data by a very large factor. He further submits that enhancement of value based on imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were declared as 'zinc ash' and have been found to be zinc ash. Appellants also declared that the goods contained minimum 65% zinc. This being so, goods will necessarily fall within the ambit of Ash and residues containing mainly of zinc and hence correctly classifiable under CTH 26201900 as held by the adjudicating authority. Hence on this score, we do not find any infirmity with the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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