2003 (3) TMI 559

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..... e, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Nobody is present on behalf of the Respondents. Accordingly we have heard the ld. DR and have gone through the records. 2. As per the facts on record that the appellants filed a Bill of Entry No. 13815, dated 6-4-93 for clearances of certain electronic components viz. LED Displays. Crystals and Multi-Layer PCBs. They enclo .....

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..... d instead of the multi-layer PCBs due to oversight. Further, investigation revealed that the prices declared in the revised invoice were very low and could not be accepted as transaction value. Based upon the facts proceedings initiated against the Respondents which culminated into an order passed by the Assistant Commissioner enhancing the assessable value of the goods and confiscating the same w .....

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..... , the supper had packed and sent Populated PCBs instead of MULTI-LAYOR Boards. The appellant submitted that they were under a bona fide impression that the consignment sent by the supplier contained only MULTI-LAYOR PCBs. In this regard, the appellant had also produced a letter fax message from the Honk Kong suppliers stating that they had sent Populated PCBs instead of MULTI-LAYOR PCBs by mistake .....

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..... e question of confiscation of the goods and imposing penalty on the importer, does not arise when the transaction value is accepted, as held by the Tribunal in the case of M/s. International Exports Inc. reported in 1992 (62) E.L.T. 608. In the light of the above findings, I held that price declared by the appellant on the basis of the invoice subsequently sent by the supplier indicating the pric .....

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..... lso the department's expert's opinion in the field of electronics. However, we note that there is no evidence of any contemporaneous imports of the identical goods. Local retail sale price and experts opinion cannot be taken up as evidence so as to charge the respondents with the under valuation of the goods. Revenue has also not produced any evidence to show that the transaction value was not cor .....

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