9911796707
TMI Blog2001 (6) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : S.S. Sekhon, Member (T)]. Appellant has sought the clearance of about 13 MTs of imported goods of declared value US $ 3900 (CIF) as freely importable, under para 22 of the Exim Policy 1992-97. On examination, it was found that the goods declared as Plastic Acrylic Off Cuts Sheets on the Bill of Entry were 6.475 MT Polyethylene Sheets and Acrylic Sheets with mirror finish (3.767 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the values arrived at by comparing the price at Madras Customs House, for off-cuts in 1991-92 at US $ 800 per MT CIF and 1500 US $ CIF for sheets to be absolutely in order and rejected the appeal. 4. We have heard both sides and considered the submission and find . (a) The Order-in-Original of the Additional Commissioner records, in para 2 therein, that sheets are in sizes 49 x 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity Acrylic Sheets with surface side cut (damages), also can not be standard. Thus only 7.852 MT out of total consignment of 13.0 are mis-declared goods. The rest being off-cuts/damages goods. (b) The lower authorities have loaded the entire quality which appeared to be sheets i.e. including off-cuts/damaged goods as Prime Sheets and have loaded the value for 10.242 MT at US $ 1500 and for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T. We are therefore not able to determine the value and for that purpose the matter requires to be remanded back. (d) We also find that even though the Additional Commissioner has considered the costs of detention and demurrage, no margin of profit was determined. To impose a Redemption fine, margin of profit is necessary to be determined under Section 125 of the Customs Act, 1962. The order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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