TMI Blog2018 (5) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... me commercial level. In view of these facts, the adoption of value of identical goods as discussed in the show cause notice is upheld. Since there is misdeclaration of value; the confiscation of goods ordered is also upheld, and redemption fine in lien of confiscation seems to be in consonance with the numerous decisions of the Tribunal, accordingly, the confiscation is upheld, as also the redemption fine imposed. Penalty u/s 112 of CA - Held that: - the ends of justice would be met, by upholding the penalty but the same is reduced to ₹ 3 lakh from ₹ 28,10,331/-. Appeal disposed off. - C/247/2009 - A/30462/2018 - Dated:- 21-2-2018 - MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND MR. C.J. MATHEW, MEMBER (TECHNICAL) S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed redemption fine of ₹ 8,00,000/- and also imposed equivalent amount of penalty of ₹ 28,10,331/-. 4. Learned Counsel draws our attention to the findings of the authorities and submits that there is no justification given in the order for rejecting the plea raised as to goods being mis-sent by their supplier; the Adjudicating Authority has passed the order on presumptions; that no findings have been recorded, hence there was no mis-declaration on the part of the appellant, the transaction value should be accepted and the demands be set aside. 5. Learned Departmental Representative reiterates the findings of the lower authorities and submits that contemporary imports indicate that the goods were undervalued. 6. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 59 31,19,488 2. Intel Mother boards Model BOX945GCPE 200 1032.50 2,06,500 2211.60 4,42,320 3. Intel Mother boards Model BOX0945GCCRL 140 1032.50 1,44,550 2825.93 3,95,630 On scrutiny of the NIDB data available in respect of contemporaneous imports, I find that the values as mentioned above are rightly adoptable for redetermining the value of the impugned goods in terms of Rule 5 of the Customs Valuation Rule, 1988. In adopting these values, I am satisfied that the due c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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