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TMI Blog2015 (4) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... out that 3197.200 gms gold chain, were “finished” and compared with the other items imported - concededly three of them were not marketable. The appellant urges that one of the items allowed to be imported, described as "assorted gold bangles of different designs/sizes, appears to be old but not used", like subject goods were finished products. However, this Court notices that the description itself facially suggests that these items were lacking in lusture and further processing such as polishing would enhance the lusture to make the product for marketable. The exercise of appraisal not having been challenged, the terms of the notification itself permit a certain element of discretion with the customs authority, who after taking into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntending that these chains are to be assembled with mountings received in the said consignment in semi finished condition. The mountings are to be studded with required studdings and chains are to be assembled with mountings and remade items to make them complete item of jewellery, further these are to be polished and finished to make them salealbe in international market. 2. The assessee/appellant also stated that it was under a bonafide belief that it was entitled to get jewellery for export after repair or re-make. The Customs Commissioner had vide order in original dated 03.06.2009 confirmed the SCN and imposed penalty to the extent of ₹3 lakhs and redemption fine to the tune of ₹ 1 lakh. This order was appealed against, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e items allowed to be imported, described as assorted gold bangles of different designs/sizes, appears to be old but not used‟, like subject goods were finished products. However, this Court notices that the description itself facially suggests that these items were lacking in lusture and further processing such as polishing would enhance the lusture to make the product for marketable. The exercise of appraisal not having been challenged, the terms of the notification itself permit a certain element of discretion with the customs authority, who after taking into account the nature of the goods could permit them to be imported as items prescribed or determine the duty. That discretion having been exercised in the first instance and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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