1997 (1) TMI 158

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..... : U.L. Bhat, President]. Appellant placed an order for supply of 24 pieces of photocopying machines Model No. 5009 with M/s. Rank Xerox, U.K. who supplied the same from Singapore at 58858 Japanese Yen, FOB Singapore. Appellant produced Bill of Entry declaring CIF value as Rs. 4,40,606/-. Appellant also submitted a catalogue. Examination showed that the machines had single colour, multi colo .....

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..... e HK $ 7700 per piece. Relying on this, the Additional Collector confirmed the proposals in the show cause notice. He directed loading of the value taking the value shown in the quotation to be FOB value and confiscating the goods but allowing redemption on payment of redemption fine of Rs. 5 lakhs and imposing penalty of rupees one lakh. This order having been confirmed by the Collector (Appeals) .....

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..... contains a remark that Model 5009 was out of stock. There is nothing to indicate that this is a quotation sent to a prospective Indian importer. The decision of the Additional Collector treating the quotation price as FOB value would suggest that quotation was submitted to a party in Hong Kong. The curious fact is that the Hong Kong trader supplied a quotation for a model which was out of stock a .....

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