1999 (1) TMI 192 - AT - Customs

Summary

Issues:
The judgment involves the issues of determining the value of imported goods based on metal content, confiscation of goods under Section 111, and imposition of penalty.

Value Determination:
The Collector enhanced the value of the goods based on London Metal Exchange (LME) prices and purity difference. The Tribunal upheld the Collector's determination, stating that the purity of the metal is the same as the metal content. The value was determined by considering the purity of the goods in LME and the metal content of the imported goods.

Confiscation under Section 111:
The goods imported were tin ash/dross, with the metal content not mentioned in the bill of entry. The Tribunal found no basis for confiscation under Section 111 as there was no declaration of metal content. The argument of implicit misdeclaration was rejected, citing possible reasons for lower prices such as commercial considerations. Confiscation and penalty were deemed unjustified.

Conclusion:
The Tribunal set aside the confiscation and penalty, providing consequential relief. The appeal was allowed in part, ruling in favor of the appellant.