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Issues: Valuation of imported goods, misdeclaration of value, confiscation of goods, personal penalty under Customs Act.
The judgment by the Appellate Tribunal CEGAT, New Delhi involved an appeal against an Order-in-Original passed by the Commissioner of Customs and Central Excise, Jaipur regarding the import of rough synthetic emerald. The appellant imported the goods, declared as "free trade sample of no commercial value," with a declared value of 36.51 US $ @ 0.16 US $ per ct. Customs found the declared value too low and obtained expert opinions valuing the goods at 18 US $ per ct. and 16 US $ per ct. The Commissioner accepted the lower value, leading to confiscation of the goods under Sections 111(d) and (m) of the Customs Act, with an option to redeem on payment of a fine and imposition of a personal penalty. During the appeal, the appellant argued that the valuation was incorrect, the experts were not qualified for synthetic emeralds, and the goods were unsolicited trade samples. They requested a remand for fresh valuation by proper experts or return of the consignment. The departmental representative defended the valuation process, citing the lower value compared to a previous import and the appellant's awareness and participation in the proceedings. The Tribunal examined the record and noted the appellant's admission of importation, participation in valuation proceedings, and lack of request for return of goods. They upheld the valuation based on expert opinions and previous imports, rejecting the appellant's claims. The Tribunal confirmed the order on valuation, duty demand, confiscation, and redemption fine, but reduced the personal penalty from Rs. 1 lakh to Rs. 25,000 considering all circumstances of the case.
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