9911796707
TMI Blog2008 (10) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : M. Veeraiyan, Member (T)]. This is an appeal against the order of the Commissioner No. 3/2006 dated 16-1-2006. 2. Heard both sides. 3. The relevant facts, in brief, are as follows : (a) The appellant imported goods and filed bill of entry No. 474284 dated 14-12-05 for clearance of goods weighing 49.032 MT and bill of entry No. 473368 dated 15-12-2005 for clearance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e importer intimated that they had since negotiated the prices with the supplier and that the supplier had agreed to reduce the price to US $ 455 PMT and agreed to give credit note of US $ 19,507. (e) Commissioner held that the value for assessment should be US $ 655 PMT as originally declared by the appellants. The Commissioner ordered confiscation of the goods valued at Rs.29,68,861.50 but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in imposing fine and penalty and for acceptance reduced price of US $ 455 PMT. 5. Learned DR submits that this is a deliberate ploy to import high rated items in the guise of low rated items. The import has taken through non-specified Port. Further, the requirement of pre-shipment inspection certificate has also not been met. They are claiming reduction in price subsequent to import on the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst 20% basic customs duty on the secondary sheets. The incentive for misdeclaration is clearly evident. 6.3 Seconds and defective items are subject to wide fluctuation in value. The value of such items depends on several factors, like dimensions, nature of defects and uniformity in size etc. Under these circumstances, comparison of value with the value other imports of secondary tin plate sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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