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TMI Blog2011 (9) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : Mathew John, Member (T)]. - The Appellant imported goods declared as "Prime Tin Plate Sheets" in Bill of Entry 493471 dated 21-3-2006. At that time and submitted invoice showing price of US$ 700 PMT. The assessable value as per declaration was Rs. 16,23,286/-. At the relevant time the Customs duty rate applicable for prime quality tin plate was 5% whereas the rate applicable for secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lared in the Bill of Entry was that for prime quality and since the goods were found to be of second grade the Revenue should have made adjustment in the value of the goods. They submit that the supplier had made a mistake in despatching goods of wrong quality and supplier had agreed to send them a credit note. The Appellants also plead that the fine and penalty imposed is very high because they h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid duty at the higher rate and higher value there is no reason to impose such high penalty. They submit that they have been able to recover only Rs. 20.46 lakhs as sale price of the goods. 4. The ld. DR points out that, the transaction value declared cannot be reduced. He also points out that the Appellant is only saying that they will produce credit note as and when issued by the supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do not suggest a bona fide mistake. So the prayer for reduction in assessable value is rejected. 7. We are also not impressed by the argument that this is a case where the supplier made a mistake. The facts and circumstances of the case would indicate that the goods were invoiced as prime grade just to claim the benefit of lower customs duty. Even the claim that they on their own asked for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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