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TMI Blog2024 (3) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... C No. 7912090 from Bangladesh through Petrapole Land Customs Station under two (2) Bills-of-Entry during the period from 19.03.2015 to 10.03.2016. 1.2 Representative samples were drawn and sent to CRCL, Custom House, Kolkata to ascertain the percentage of Zinc content. In the meantime, the Bills-of-Entry were assessed provisionally on the basis of LME price available on the date of filing of the Bills-of-Entry. Upon receipt of the Test Report from CRCL, Kolkata, it was found that the actual percentage of Zinc content in the Test Report was more than the percentage of Zinc content declared by the importer. Accordingly, the assessment was finalized by issuing Final Assessment Order No. 32/2017-18 dated 16.07.2017 by the Assistant Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported by any contemporaneous imports and therefore, they argued that the enhancement of value is not sustainable. Aggrieved by the above order, the Department had also preferred appeal on the ground that the chemical test report dated 17.03.2016 of CRCL, Kolkata has specified the imported goods as "Zinc Dross"; the assessing officer should have taken this fact into account while finalizing the assessment; when the chemical test report identified the goods as "Zinc Dross" which is a restricted item for import under the Foreign Trade Policy, its import in the guise of unwrought Zinc is a clear wilful mis-declaration and suppression of fact and the adjudicating authority has ignored this fact. 3.1 The Ld. Commissioner (Appeals) in his Order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment was not limited to valuation alone and the assessing officer was required to consider the full text of the chemical analysis report, which he has not done. Hence, the Revenue contends that the impugned order is not maintainable. 5. The respondent submits that the percentage of Zinc content in both the Bills-of-Entry filed by them was 85.05% only; the Test Report conducted by the Department through CRCL, Kolkata indicated a higher percentage of Zinc, the details of which are as under:- Sl. No. B/E No. & Date Actual % of Zinc declared Actual % of Zinc in test report Declared value per M.T. (in US$) Re-assessed value as per LME data (in US$) 1. 4533688 dated 10.03.2016 85.05% 87.80% 800.00 1129.20 2. 8650713 dated 19.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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