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TMI Blog2000 (11) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... goods of foreign origin was provided to the customs officers. A SCN was accordingly issued asking the appellants to explain as to why the seized watches and watch movements should not be confiscated and why a penalty should not be imposed. The issue was decided by the authorities below confiscating the watches and watch movements and imposing the penalty. The matter came up before the Tribunal in the form of an appeal. This Tribunal by its final order dated 9-8-98 released unconditionally 3000 of watch movements and remanded the matter back to the Commissioner that absolute confiscation of the watches was not warranted and that Rs. 1500/- taken as value of each watch was not correct and was required to be determined on the basis of wholesal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the order of the appellate authority is not acceptable to the department in itself an objectionable phrase is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court. Ld. Counsel submits that CIF value on the basis of Rs. 500/- as market value per unit is worked out as Rs. 135/- after deducting the element of duty discount and other expenses. He submits that presently the market value of the watches ranges from Rs. 135/- to Rs. 150/- per unit and even if the assessable value has to be worked out on market value, the total value would be Rs. 2,44,050/- at a rate of Rs. 150/- per watch and not Rs. 8,13,500/-; that on this alone the quantum of redemption fine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore prays that the order may be upheld. 8. Heard the rival submissions. We find that according to the market report, the market value of the watches was Rs. 500/-. We further find that the contention of the appellants is that the market value of the watches cannot be the CIF value for the purpose of levy of duty. We find that the contention of the appellants is correct. If Rs. 500/- is the market value per unit then CIF value shall have to be arrived at, as it cannot be equal to market value. We note that the appellants contended that CIF value worked out as Rs. 135/- per unit. No rebuttal of this amount and in absence of any other evidence produced by the respondent, we hold that CIF value of the goods will be Rs. 135/- per unit. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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