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TMI Blog2010 (6) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... iers had obliged them as they wished to procure bricks from the importer's factory at competitive rates in future - relationship certainly influenced the price - Held that: - uphold the enhancement of the value and the duty demand together with interest - Confiscation of goods covered by all bills of entry is sustained - Appeal is rejected - C/106/2003 - 772/2010 - Dated:- 16-6-2010 - Ms. Jyoti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation of goods covered under the Bill of Entry of June 2000 with an option of redemption on payment of a fine of Rs. 3,50,000/-, absolute confiscation of goods covered by the third Bill of Entry as the importers had abandoned the goods, and imposition of penalty of amount equal to evaded duty under Section 114A for imports made under the first two bills of entry and imposition of penalty of Rs. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppliers had obliged them as they wished to procure bricks from the importer's factory at competitive rates in future. This establishes that the relationship certainly influenced the price. Hence the declared value cannot be accepted. Rule 4 of the Customs Valuation Rules, 1988 is ruled out. Application of Rules 5, 6, 7 7A is also ruled out in the absence of any contemporaneous imports of identic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the provisions of Section 111(m) for misdeclaration of value. Imposition of penalty under Section 114A is also required to be upheld and since the Section provides for mandatory penalty equal to duty evaded, there is no call for reduction in quantum. Similarly, the penalty under Section 112(a) is also sustained for violation of Section 111(m) for undervaluation of the goods. 3.In the result, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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