TMI Blog2001 (9) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent stands accepted. This is contrary to the Tribunal's own finding where it had accepted the valuation as per the bills of entry dated 12th August, 1993 and 27th August, 1993 which was US $ 22 per piece and US $ 16 per piece. Secondly, in the order of remand by the Tribunal dated 3rd April, 1996, there was no direction that the two bills of entry dated 12th August, 1993 and 27th August, 1993 were to be verified and accepted. As has already been noticed hereinabove, the direction of the Tribunal in the order was that the Commissioner should get contemporaneous evidence of the value of the goods imported and it is only in absence thereof that the correctness and genuineness of the documents in question had to be gone into. Lastly, the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but of Taiwan-make and found out that the price there was Rs. 1220-1250 per piece. The Collector then came to the conclusion that the correct value which should be determined, considering the quantity imported, would be US $ 33.60 per piece FOB and to this was added insurance and freight. An order of confiscation was passed but the respondent was permitted to pay redemption fine of Rs. 1,50,000/- and redeem the goods. In addition thereto, penalty of Rs. 50,000/- was also imposed. 3.The Customs, Excise and Gold (Control) Appellate Tribunal (for short "the Tribunal") in an appeal filed against the said decision considered the evidence relied upon by the Collector and also adverted to evidence produced by the respondent herein in the form o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal, the Tribunal in the impugned order has observed that the order of the Commissioner is incorrect, inasmuch as on remand it was required to verify and accept the bills of entry dated 12th August, 1993 and 27th August, 1993 which had been relied upon by the respondent. The Tribunal further came to the conclusion that the Commissioner has not made any attempt to place evidence of contemporaneous import of similar goods and in flagrant violation of the directions given by it the Commissioner has merely relied on the same evidence. The Tribunal then referred to the two bills of entry dated 12th August, 1993 and 27th August, 1993 where the price quoted was US $ 22 per piece and US $ 16 per piece respectively and held that while accepting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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