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TMI Blog1999 (8) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... o. Ltd. and the parcel contained an invoice which declared a value of 36.51 US $ @ 0.16 US $ per ct. The invoice also mentioned that the goods were free trade sample of no commercial value . On examination of the goods by Customs, it appeared that declared value was too low. Therefore, they obtained the opinions of the two experts in the customs panel of experts. One of them Shri Gian Chand Lodha valued the goods at 18 US $ per ct., while the other Sh. Dulichand Tak valued at 16 US $ per ct. At the assessed value, the consignment required import licence. Accordingly, the appellants were asked to produce import licence. They were also liable to action for misdeclaration of value. They waived show cause notice and requested for a decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the procedure of valuation adopted by the department as well as the action taken against the appellant are entirely according to law and correct procedure. Value has been fixed at the lower of the two values advised by experts. The experts have been notified under a Public Notice issued in 1982. He also referred to the adjudication order which point out that, previously, a consignment of comparable goods had been imported at a value of 15 US$ per ct. in 1994. He, therefore, submitted that the valuation compared with previous import. He also submitted that the appellant had held himself out as the importer during the adjudication proceedings. He was also aware of the valuation of the goods and his representative had seen both the val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by him. We are also not able to accede to their request for return of the goods, as the same has been made only after an adverse order has been passed and has been made only to overcome the consequences of the order impugned in this appeal. Regarding the valuation of the goods, we find that the valuers were experts notified by the Collectorate in a Public Notice. Their valuation is also imported by the value at which similar/comparable goods had been imported earlier i.e. at a slightly lower value of 15 US$ per ct. Thus, we are not able to find merit in the challenge to the valuation. We also find from the public notice that Sh. Dulichand Tank is specifically indicated as expert in the valuation of emeralds. Therefore, his valuation has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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