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TMI Blog2014 (9) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... scrap in absence of any evidence to the contrary. So also in absence of evidence to show that scrap was only imported, the appellant fails to succeed as to the nature of goods. Further, there is no evidence led by the appellant through any ground to consider about different nature of the goods imported. Therefore on that count also ld. Commissioner is correct to hold that there was violation of F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the right of personal hearing, assistance of ld. DR was taken. 2. Revenue submits that the old and used computer, monitors and its component were imported in violation of the Foreign Trade Regulations as well as such goods were undervalued. The Chartered Engineer's certificate obtained was within the knowledge of the appellant to arrive at the proper value. That remained uncontroverted wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by the appellant. Appellant has taken the ground that there is no under valuation done. So also there is a ground that the duty involvement being Rs. One lakh and the prevalent market conditions suggest the profit margin to be 2 to 3%, there should not have been redemption fine imposed. 5. Examining the grounds, we have also perused the nature of the goods imported depicted in para 2 of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also in absence of evidence to show that scrap was only imported, the appellant fails to succeed as to the nature of goods. Further, there is no evidence led by the appellant through any ground to consider about different nature of the goods imported. Therefore on that count also ld. Commissioner is correct to hold that there was violation of Foreign Trade Regulation by the appellants in importing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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