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2024 (6) TMI 777 - AT - CustomsIssues Involved: 1. Correct classification of imported goods under Customs Tariff Item No. 6309 90 00. 2. Valuation of goods u/s Rule 9 of the Customs Valuation Rules. 3. Imposition of redemption fine and penalty u/s Sections 125 and 112(a) of the Customs Act, 1962. For the first issue of correct classification, the Appellate Tribunal upheld the classification of the goods as 'old and used garments' under Customs Tariff Heading 6309. The Tribunal found no evidence to reclassify the goods as claimed by the Revenue, thus supporting the adjudicating authority's decision. Regarding the valuation of the goods, the Tribunal noted that the general practice during the relevant period was to value old and used garments at US$ 0.60 per kg(CIF). As the adjudicating authority had already enhanced the value from US$ 0.55 to US$ 0.60 per kg(CIF), the Tribunal upheld this valuation without finding any fault. In terms of the imposition of redemption fine and penalty, the Adjudicating Authority had imposed a redemption fine of Rs.1,14,000/- u/s Section 125 and a penalty of Rs.46,000/- u/s Section 112(a) of the Customs Act, 1962. The Tribunal referred to a previous decision and concluded that the redemption fine and penalty imposed were sufficient for justice, upholding the same. Ultimately, the Tribunal dismissed the appeal filed by the Revenue, finding no infirmity in the impugned order. The decision was pronounced in open court, confirming the classification, valuation, redemption fine, and penalty as determined by the adjudicating authority.
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