TMI Blog2005 (1) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Soyabean Oil were imported at Agartala from Bangladesh by the Respondents and the proforma invoice dated 24-9-2003 issued by exporter of Bangladesh showing C F value of 17100 kgs. of such oil as US $ 9107/- i.e. @ Rs. 24.50 per Kg. and for the other consignments of 4446 Kgs. a similar valuation was claimed. Since the Custom Authorities were of the opinion that the goods imported were underval ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 54,000.00 was ordered to be appropriated towards the amounts of differential duty, fine and penalty, by the Adjudicating Authority. The Assessee filed an appeal before the Commissioner (Appeals) relying upon the decisions in the case of Mirah Exports Pvt. Ltd. reported in 1998 (98) E.L.T. 3 (S.C.) and in the case of Eicher Tractors Ltd. - 2000 (122) E.L.T. 321 (S.C.) and also that no efforts w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essable value of Rs. 5,21,645.76 by the Assistant Commissioner. (b) However, we find no justification in imposing a penalty under Section 112(ii) or find no reason for confiscation of the goods in question under Section 111(m) of the C.A., 62 as ordered by the Assistant Commissioner. Since the goods were allowed to be cleared on provisional assessment, duty can now only be determined under R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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