TMI Blog2019 (9) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... e enhancement of assessable value on imports that were contemporaneous as well as others that were not contemporaneous. Moreover, despite the enhanced value being in excess of the threshold prescribed in the Foreign Trade Policy for free importability, the first appellate authority has confirmed the actions of the original authority in confiscating the goods for violation of the import policy pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011 with shipment occurring thereafter, the plea of the appellant that the quotation received in June 2011 as proforma invoice would entitle them to relief in accord with the transitional provision in the Foreign Trade Policy is not acceptable. While setting aside the valuation, the confiscation of the goods under section 111(d) of Customs Act, 1962 is upheld - the redemption reduced to ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction limiting free importability only to slabs with a value more than US $ 60/sq metre, upheld the order of the original authority. The appellant had declared the assessable value to be US $ 51/sq metre (CIF) leading to confiscation of the goods that were permitted to be redeemed on payment of fine of ₹ 4,60,000/- and imposition of penalty of ₹ 2,00,000/- by the original authority. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has confirmed the actions of the original authority in confiscating the goods for violation of the import policy prescription. 4. The confiscation of 21.71 sq meter of marble slabs that were in excess of the declaration is sustainable in law. The enhancement of the assessable value appears to have relied upon four bills of entry of which only two pertains to the period prior to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the threshold prescribed for free importability and the policy had come into force on 4th August, 2011 with shipment occurring thereafter, the plea of the appellant that the quotation received in June 2011 as proforma invoice would entitle them to relief in accord with the transitional provision in the Foreign Trade Policy is not acceptable. 5. In these circumstances, while setting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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