9911796707
TMI Blog2000 (12) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... These appeals are against the orders of Additional Commissioner of Customs apprising two consignments of Brass Ash Dross and did not accept the loading of the values as proposed based on the Metal Bulletin Editorial Office, London, as he found that the department was not in a position to show any document regarding the deliberate mis-declaration of value of the goods or able to produce any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per MT FOB and directed that PD assessment should be finalised accordingly. Therefore, the Collector should have confiscated the goods under Section 111(m) of the Act and then allowed the same to be redeemed on payment of suitable fine and penalty. 3. The present appeals have been filed on these grounds that the charge of mis-declaration of value being stood established, the Collector should hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough Bombay from the computer prints obtained by the learned Additional Commissioner, who found that price range from 455 to 600 US $ based on the copper content of the consignment. He found that as per the Metal Bulletin prices of brass scraps were not comparable to the prices of Brass Ash/Dross. Therefore, on the basis of valuing Brass Ash/Dross on the price of Brass scrap would not be correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Valuation Rules, it is not necessary that the values declared by the importers are mis-declaration, since the valuations have been enhanced not on any evidence of illegal remittance or of any remittance over and above the contracted invoice price. As the Collector has found that there is no material evidence, the values declared have been enhanced based on certain formula under Rule 11 applie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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