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TMI Blog2013 (10) TMI 1203X X X X Extracts X X X X X X X X Extracts X X X X ..... se and that is patent from record. Goods in question therefore do not loose the character of restricted goods. By artificial adoption of the value, restricted goods, do not become unrestricted goods. Accordingly valuation adopted by Customs has no basis on law for which declared value rejected by Customs is reversed. Once the restricted goods imported were subject to licence condition which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enhanced the value of goods to USD 50 per Sqr. Mtr. If the value of goods is considered as USD 20/SQM that is restricted goods under Notification No.41 (RE-2008)/2004 - 09 issued by DGFT. In case value of goods is USD 50/SQM that is freely importable and has no character of restricted goods as per above notification. 2. Customs enhanced value of goods imported from USD 20 per Sqr. Mtr. to USD 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue of the goods imported, So also penalty and redemption fine was imposed. 3. Heard both sides. Notification of DGFT when declares the goods imported as restricted goods by value criteria and the appellant also has made averment that there was restricted goods imported and Customs adopted the value of USD 50 per Sqr. Mtr., such adoption makes the goods restriction free. But appellant categoric ..... X X X X Extracts X X X X X X X X Extracts X X X X
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