2008 (4) TMI 616

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..... and the Cadmium content was 92.41% by weight and at the request of the appellant, the sample was again tested by C.R.C.L. Delhi and the cadmium content was found to be 78.62%. After completion of adjudication process and appeal, the Commissioner (Appeals), finally decided the value of cadmium dross imported by the appellant as US $ 650 P.M.T. and the total value of the goods was calculated as Rs. 3,49,212/-. He rejected the revision of the classification under Chapter Heading 81 of the Customs Tariff. The Commissioner also held that since the value has been enhanced from Rs. 32,258/- to Rs. 3,49,212/-, which is less than the value originally arrived at by the adjudicating authority, the redemption fine imposed needs to be reduced suitably. .....

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..... ed that appellant had actually used the imported goods for the manufacture of lead ingots. This contradiction, itself, shows that all is not well with the approach of the appellant. In any case, they have not contested the case of the department that what was imported contained 78.62% of Cadmium and there was misdeclaration. The legal position that the goods which are cleared on provisional assessment, can be confiscated and redemption fine can be imposed is well settled. Therefore, we hold that the imported goods are liable for confiscation and imposition of redemption fine is correct. Coming to the value, we find that the appellants did not help us or any of the other lower authorities in support of their contention that the valuation sho .....

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..... se of Section 14 of the Act and the total value calculated would be Rs. 3,49,212/- considering the exchange rate as mentioned in the Bill of Entry. The differential duty, if any, will be calculated accordingly. 4. Even though, the price of the virgin metal has been taken into account, the value of the import consignment has been brought down to the cadmium metal content in the cadmium dross and the conversion cost of 10% has been allowed. Therefore, we do not find any reason to interfere with the value arrived at by the lower authority. 5. However, having regard to the facts and circumstances of the case and the arguments advanced by the learned advocate, while rejecting the appeal on merit, we reduce the penalty on the appellant to Rs .....

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