TMI Blog2018 (6) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... atement was obtained due to coercion was unsubstantiated and cannot be accepted. The case of Revenue is not merely based on rejection of transaction value in terms of Rule 10A of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - It is not that the Customs has the evidence of real transaction value and thus there is no need to go to the rules. Since real transaction value i.e. the amount transferred through legal channels and amount paid to the local representative of the foreign supplier is available the same becomes transaction value and the duty can be demanded taking the same as assessable value. Confiscation - redemption fine - Held that:- The goods are not available for confiscation no confiscation ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voice would be paid against documents through regular channels. The goods were cleared at the declared price of US $ 305 PMT. In the statement the Director admitted that they had paid the difference between US $ 560PMT, and the declared price of US $ 305 PMT to the Indian representative of the foreign supplier in Indian rupees in cash at Mumbai. He also admitted he had paid ₹ 7 lakhs in cash to the said representative of the foreign supplier as advance towards price of the imported goods. When confronted with the invoices received along with information, Director agreed that the said invoice was issued for the differential amount of actual price and the same had never been supplied to the Director. He also paid the differential custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been imposed. He further argued that they have given a chart of contemporary imports of zinc ash during the relevant period in their reply to the original authority in para 8 thereof but the same was not examined by the original authority. He pointed out that the said chart showed that the average import price at the material time was US $ 250 PMT and the same was accepted by the department and not challenged or questioned. 4. Learned Authorised Representative relies on the impugned order. 5. We have gone through the rival submissions. We find that Director of the appellant firm had in his statement agreed that the invoices received by DRI along with its information showed real price of the goods. He also agreed that the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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