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TMI Blog2008 (3) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : D.N. Panda, Member (J)]. - The short question involved in this appeal is whether the appellant according free consent for enhancement of the value of imported old and used colour monitor, by its letter dated 8-3-04, forgoing right to Show Cause Notice, can resile and challenge the order of adjudication made in accordance with the prayer for redetermination of value of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -3-2004. Consequence of adjudication was confiscation of goods granting option to Appellant to redeem the goods depositing fine of Rs. 9.00 Lakhs. Penalty of Rs. 1,80,000/- was also imposed under Section 112 of Customs Act, 1962. 3. The appellant came in appeal against aforesaid order of adjudication with the grievance that S.C.N. was a necessity to adjudicate the matter and its letter dated 8-3- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Exim policy or Customs law. Therefore, valuation adopted by the authority was baseless. 5. Mr. Loni, ld. JDR appearing for Revenue submitted that when there was clear consent given by appellant for determination of the value of the imported goods and also waived right to be heard in person, the Appellant does not have any grievance at this stage after adjudication. Furthermore, the Appellant o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of adjudication relied on the letter dated 8-3-04 and referred the matter of valuation to a Chartered Engineer. Determination of the value was done following due process of law, which remained unchallenged and that too the same was done with free consent of Appellant. The value so determined was used in assessment without challenging the basis by the Appellant. Curiously, the appellant opted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancement of value established conduct of under-valuation. However, mala fide intention of under-valuation not being patent from record, we consider it proper to reduce the Redemption fine to Rs. 5.00 Lakhs (Rupees Five Lakhs) as against Rs. 9.00 Lakhs that was imposed by the impugned order. This shall meet the end of justice. 6.4 For the reasons aforesaid, it has become no necessity to go to furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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