9911796707
TMI Blog2003 (7) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... Sections 111(d) and 118 of the Customs Act, 1962. An option to redeem the goods has been given on a payment of fine of Rs. 6 lakhs. There is also a penalty of Rs. 2 lakhs on the appellant. Similar action has been taken with regard to 3800 labels valued at Rs. 3,800/- also. 2. We have perused the records and heard both sides. The main contention of the appellant with regard to valuation of the goods is that the import was directly from the German manufacturer of the hair shampoo and there was no reason to doubt the transaction value or to enhance the same. The learned Counsel also pointed out that the impugned order does not bring out any reason for rejection of the transaction value. He points out that enquiry into the value of the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a unit value of US $ 5 and above. He pointed out that as against this, value of one litre pack imported shampoo worked out only to Rs. 26/-. It is, therefore, the contention of the learned SDR that the confiscation of the goods has been correctly done. With regard to valuation, he points out that suitable deductions has been given from the value of comparable goods and assessable value worked out on a reasonable basis. It does not call for any intervention. 5. The import of the goods is directly from a German manufacturer. No basis has been indicated in the impugned order for rejecting the transaction value. It is settled law that assessment of goods should be done according to transaction value, unless the transactions are affected by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not in dispute that the value of the imported consignments is well below the amount indicated in the policy. Therefore, the confiscation of the goods for violation of Section 111(d) is required to be confirmed. We do so. However, we find that relief is called for with regard to redemption fine and penalty. The value of the goods is only about Rs. 3 lakhs. However, a redemption fine of Rs. 6 lakhs has been imposed. We consider the redemption fine to be extremely high and reduce the same to Rs. 1 lakh. Penalty imposed is also fixed at the same amount of Rs. 1 lakh. We do not interfere with the orders relating to imported labels. 7. The appeal is partially allowed as indicated above, with consequential relief to the appellant. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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