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TMI Blog2003 (5) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... Directorate of Revenue Intelligence Officers at Mumbai regarding value of imported Zeera Kajak from Afganistan, order-in-adjudication dated 10-1-2003 was passed by the Additional Commissioner of Customs (Imports), Mumbai holding that the importer had mis-declared the value of the imported goods with a view to evading customs duty and, therefore, the consignment was liable to confiscation under Section 111(m) of the Customs Act. The order enhanced the value to US $2 per Kg. in terms of Rule 5 of the Customs Valuation Rules, 1988. The consignment was confiscated under Section 111(m). However, an option to redeem was given upon payment of a fine of Rs. 2 lakhs. Further, a penalty of Rs. 40,000/- was also imposed on the appellant under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a from domestic dealers viz. Sunil Kumar Bros., Sudhir Trading Company, Delhi and Ratan Lal Sunil Kumar, Delhi and pointed out that the wholesale price of Zeera was in the range of Rs. 70/- to 80/- per Kg. The Counsel also referred to Spice India Report of March, 2003 indicating the average price of cumin at Mumbai around Rs. 80 to 81/- per Kg. The appellant also pointed out that the disposal price of seized Zeera Kajak by Mumbai Port Trust in April, 2003 through auction also would show that the sale price in auction was around Rs. 72/- per Kg. (letter dated 9-4-2003 of Assistant Manager, Sales, Mumbai Port to Deputy Commissioner of Customs, Group I, New Customs House, Ballard Estate in relation to auction on 5-2-2003). With regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings. The transaction value has been rejected only on the ground of the investigation in the case of M/s. Regency Trading Company and that of M/s. Wala Overseas P. Ltd. In these cases, the importers have agreed for assessment at the enhanced value, on the basis of the admission that the purchase price was at US $2000 per MT. As against this, the appellant has produced evidence showing that the customs authorities at Mumbai as well as at Amritsar had been accepting transaction values at around this declared value for the purpose of assessment to duty. They have also produced evidence that the domestic sale price in India was at around Rs. 80/- per Kg. which is more indicative of an import price of US $1 per Kg. It is not possible to sel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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