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TMI Blog1996 (8) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... : Justice, U.L. Bhat, President]. Respondents are engaged in manufacture and export of garments. By letter dated 27-11-1990 they requested the Assistant Collector of Customs, Foreign Post Office, New Delhi, to release and deliver 18 parcels addressed to them and consigned from Japan. The parcels were found to contain Yano 56DA, 52 cms metal zippers of Japanese origin. They submitted nine inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents. 2. As against the declared value of Japanese Yen 6 per piece F.O.B. the Additional Collector fixed the value as Japanese Yen 56.79 per piece F.O.B. The respondents have not challenged the valuation aspect, as evidently they are not aggrieved by it. This will show that the goods were valued at about 1/9th of their real value. It is not as if the respondents are not persons not convers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts fitted with zippers. The Additional Collector referred to this defence and noticed that the respondents would get back the duty drawback at the time of re-export and in view of the enhancement of value, dropped confiscation and penal action. 4. We do not find any justification in dropping the proposal for confiscation under Section 111(m) of the Customs Act, 1962 and imposition of penalty un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed out earlier, it is not as if the respondents were strangers to this trade and would be aware of the ordinary price of these goods in international trade. In these circumstances, the contention urged by the respondents before us that they had no responsibility in showing a low invoice price in the invoice prepared by the buyer does not impress us. The circumstances clearly lead to the infe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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