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2000 (8) TMI 189 - AT - Customs

Issues involved: Confiscation of imported Glass Stones, enhancement of assessable value, redemption option, personal penalty imposition, licensing discrepancies.

Confiscation and Assessable Value: The Commissioner of Customs confiscated Glass Stones imported by the appellant due to an enhanced assessable value and absence of GEM REP Licences. The appellant's request for valuation by a Government-approved Valuer was accepted, valuing the goods at Rs. 6,22,000. Despite this, the adjudicating authority determined the value under Rule 8 based on the exporter's declaration, leading to a proposed CIF value of Rs. 16,01,176.13. The Tribunal found the appellant's declared value acceptable under Rule 7, closer to the valuation report, and set aside the enhanced assessable value.

Licensing Discrepancies: The appellant declared Glass Stones, but the Jem Testing Laboratory identified them as artificial Glass not covered by GEM REP Licences. The appellant argued that the licences also covered components for imitation jewelleries, including the goods in question. The Tribunal concluded that the Glass Stones were accessories for imitation jewelleries, thus covered by the licences, and no contravention occurred.

Decision: The Tribunal set aside the impugned Order, allowing the appeal and providing consequential relief to the appellant.

 

 

 

 

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