TMI Blog2023 (9) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... - It is not a case where the petitioner was dealing in some illegal or banned goods, which had to be confiscated - where the goods are not banned or against any violation of any other law, a business transaction cannot be ruined at the whims and fancies of the respondents. Merely because one of the importer was successful in clicking a deal for a lesser amount of price, cannot be a reason for such a bizarre action. Allegation of undervaluation on the basis that other importers have imported the same goods at higher rate - HELD THAT:- There is nothing on record to show that the price at which the said importer had imported the said goods was wrong and it may be a case that the other importers are purposefully importing the said goods on a higher price for higher profits. Fixation of price of the goods is absolutely relative and based on multiple factors, which two businessmen take a call before entering into an agreement. It is not a case where diamond worth Rs. 100 Crores has been imported at Rs. 100/- to avoid tax. However, in case it is found to be a fake diamond then probably Rs. 100/- could also be a higher price. The seizure memo dated 14.02.2023 (Annexure P-1) is quas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermine after following the procedure hereinafter specified. (1B) Where any goods, being goods specified under sub-section (1A), have been seized by a proper officer under sub-section (1), he shall prepare an inventory of such goods containing such details relating to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper officer may consider relevant to the identity of the goods in any proceedings under this Act and shall make an application to a Magistrate for the purpose of (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of the Magistrate, photographs of such goods, and certifying such photographs as true; or (c) allowing to draw representative samples of such goods, in the presence of the Magistrate, and certifying the correctness of any list of samples so drawn. (1C) Where an application is made under sub-section (1B), the Magistrate shall, as soon as may be, allow the application.] (2) Where any goods are seized under sub-section (1) and no notice in respect thereof is given under clause (a) of section 124 within six months of the seizure of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned under the regulations in an [arrival manifest or import manifest] or import report which are not so mentioned; (g) any dutiable or prohibited goods which are unloaded from a conveyance in contravention of the provisions of section 32, other than goods inadvertently unloaded but included in the record kept under sub-section (2) of section 45; (h) any dutiable or prohibited goods unloaded or attempted to be unloaded in contravention of the provisions of section 33 or section 34; (i) any dutiable or prohibited goods found concealed in any manner in any package either before or after the unloading thereof; (j) any dutiable or prohibited goods removed or attempted to be removed from a customs area or a warehouse without the permission of the proper officer or contrary to the terms of such permission; (k) any dutiable or prohibited goods imported by land in respect of which the order permitting clearance of the goods required to be produced under section 109 is not produced or which do not correspond in any material particular with the specification contained therein; (l) any dutiable or prohibited goods which are not included or are in excess of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods which can be confiscated and emphasizes on Clause (m) of Section 111 of the Act, which reads as under: Section 111 (m) [any goods which do not correspond in respect of value or in any other particular] with the entry made under this Act or in the case of baggage with the declaration made under section 77 3 [in respect thereof, or in the case of goods under transhipment, with the declaration for transhipment referred to in the proviso to sub-section (1) of section 54]; 7. Learned counsel for respondents No. 1 to 3 has vehemently argued that the word used in the opening of this Clause is any goods . Meaning thereby, the goods which have even been lost, its status as imported goods , can be confiscated. However, he was not able to demonstrate that the said goods do not fall under the category of being banned or against the public policy of the country. Learned counsel for respondents No. 1 to 3 could also not deny the fact that the appropriate proceedings against the importer have been initiated and are pending. 8. We have heard learned counsel for the parties and have carefully gone through the case file. 9. As per definition under Section 2(25) of the Act, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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