9911796707
TMI Blog1992 (1) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... m, Member (J)]. The appellants herein imported 89 pieces of used motors and 4128 pieces of PVC bags of V belts under bill of entry dated 7-8-1990. The value of the goods was declared as Rs. 16,870/-. On first check the goods were valued by the concerned Appraiser at around Rs. 85,000/-. On re-examination they were valued by a Committee of two Appraisers at Rs. 46,608/- (Rs. 21,300/- for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Department at Rs. 85,000/- or the subsequent reduction to Rs. 46,608/- which as rightly pointed out by Shri R.K. Jain is nearly 50% of the original Departmental valuation. The charge of under-valuation is not supported by any evidence and the basis for the charge also is not disclosed in the order. We accept the contention of Shri R.K. Jain that the burden of proving under-valuation has not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the consequent confiscation of the goods. However, in the facts and circumstances of this case and with particular regard to our finding that the invoice price of the goods has to be accepted, we reduce the redemption fine from Rs. 25,000 /- to Rs. 8,000/-, and the personal penalty is reduced from Rs. 20,000 to Rs. 2,000/-. The appeal is disposed of in the above terms. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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