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TMI Blog2002 (11) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... the conditions of DGFT Notification No. 27 (RE-2000)/1997-2002, dt. 1-8-2000 had been contravened. In these show cause notices and the next 4 show cause notices dt. 27-8-2001 the second allegation was made namely that the value was wrongly declared thereby rendering the goods liable to confiscation under Section 111(m) of the Act, and also proposing to increase the value to US$ 900 PMT (CIF) from that declared by the importers between the range of 500 US$ (FOB) PMT to 625 US$ PMT (FOB). The importers contested these allegations. The Commissioner Customs, Pune after hearing the importers passed orders enhancing the valuation, confiscating the goods but permitting the redemption on payment of fine and imposing penalties upon the importers. Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.14 of Handbook of Procedures (Vol. 1). The issues with approval of Director General of Foreign Trade (DGFT) . 5. Before the Commissioner the importers cited the definition of Import in terms of Section 2(23) of the Customs Act. The Commissioner referred to the aforesaid letter and adopted the date of shipment as the date of import. Shri V.M. Doiphode arguing before us refers to the definition of import in the Foreign Trade (Development and Regulation) Act, 1992 which reads as below :- Section 2(e) :- Import and Export means respectively bringing into, or taking out of, India, any goods by land, sea or air. 6. We find that the definitions of import in the FTDR Act, 1992 and the Customs Act, 1962 are similar and refer to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contracts in the case of these 5 bills of entry, were duly registered with the Narcotics Commissioner before the date of import. The conditions of the aforesaid notification were fulfilled and therefore the orders of confiscation of the Poppy Seeds under Section 111(d) of the Act do not sustain. 10. The second dispute is on valuation of the goods. In each consignment there is an invoice issued by the supplier which value has been declared in the bill of entry. The prices declared ranged between US$ 500 (FOB) to US$ 625 FOB. These values were raised to US$ 900 PMT CIF by the Commissioner. In doing so reliance had been placed by the Commissioner on a number of sources disclosed in the show cause notice. 11. The show cause notice refers t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant period, which compare favourably with the declared prices. There is also a certificate from the Aegean Exporters Union which is a semi-official body in Turkey Exporting Oil Seeds. They have certified that during the relevant period yellow poppy seeds were exported to India for prices ranging between 473 US$ to 612 US$ PMT. 17. In terms of the provisions of the Customs Act, 1962, where the buyer and seller are independent of each other and where the price is the sole consideration, the value should be accepted in the absence of any suspicious circumstances or in the absence of evidence disproving the transaction value. The judgment of the Supreme Court in this respect was cited before the Commissioner. He however choose to rely upon h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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