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TMI Blog2015 (9) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... s listed for final hearing in view of order dated 8/07/2015 passed by Hon'ble High Court of Jharkhandin in Tax Appeal No. 37 of 2006. Hon'ble High Court has remanded the case to CESTAT by making following order: 9. We, hereby, quash and set aside the order passed by CESTAT dated 08.06.2006 mainly for the reason that CESTAT has arbitrarily arrived at the market value of the goods at Rs. 5.00 Lacs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in India. It was pointed out by the Ld. Consultant that the country of origin of these mobile phones has nowhere been indicated in the Panchnama. That the goods seized are not notified under Section 123 of the Customs Act, 1962 and therefore, the onus does not lie with the appellant to establish that the goods are not smuggled. That Commissioner (Appeal) has wrongly relied upon the judgment of H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e examined in view of the above submissions made before the adjudicating authority and if the goods seized are covered by the documents furnished, then the same should be released to the appellant. 3. Shri S.K. Naskar, A.C. (A.R.) appearing on behalf of the Revenue argued that the issue of confiscation has not been decided by Hon'ble High Court. That in para 9 of the order dated 8/7/2015 passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court on the issue of applicability of Section 123 of the Customs Act, 1962 and on the aspect that if the documents furnished by the appellant are in order then the goods should be released. It has been observed by Hon'ble High Court that market value of the seized goods has been arbitrarily arrived at by CESTAT. Regarding determination of redemption fine, the same is required to be based on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant and those contained in the Panchnama. For verification and arriving at the market value of the seized goods, at the time of making seizure, is required to be determined by the adjudicating authority in order to arrive at the quantum of redemption fine and penalty to be imposed. Accordingly, the case is remanded back to the adjudicating authority for determination of appropriate market val ..... X X X X Extracts X X X X X X X X Extracts X X X X
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