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TMI Blog2015 (11) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Valuation Rule read with section 14 of the Customs Act, 1962 read with rules 4 and 10A of the Customs Valuation (Determination of Prices of the Imported Goods) Rules, 1988. I re-determine the value of the said goods as US$ 420 PMT. (b) I held goods weighing 97.09 MT of Mixed Fatty Acid revalued at Rs. 18,40,995/- liable for confiscation under sections 111(d) & 111(m) of the Customs Act, 1962. In this case, since the goods have already been released provisionally on execution of Bond. I impose a Redemption fine of Rs. 1,00,000/- (Rs. One lakh only) in lieu of confiscation on M/s Groversons (Importer). (c) I order to demand customs duty amounting to Rs. 7,33,104/- against bills of entry Nos. 563799 dt. 12.01.2007 under section 28(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsons, 4 Laxmi Rattan Market, Opp Govt. of India Press, NIT, Faridabad 24.12.2009 Pursuant to information received by SIIB that crude palm oil is being imported in the garb of mixed fatty acid oil, and also on the basis of statements of Shri Anil Arora and Sh. Rakesh Kumar, both indenting agents, the consignment of the appellant was seized. The goods were sent to test and test reports indicated that goods were fatty material and not fatty acid oil, as declared. The value in case of fatty material attracts higher value, as per contemporaneous import. The details has been discussed in the OIO. Sh. Rajesh Chibber, Advocate appeared and re-iterated the submissions contained in the appeal petition. He argued that the case has been built on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is set aside and penalty of Rs. 10,000/- only appears correct as per facts of the case. OIO is modified and the appeals are disposed off accordingly". 3. It is evident from the foregoing order-in-appeal that the loading of value has been upheld on the ground that it has been discussed in the order-in-original. From the order-in-original we find that the loading has been upheld only on the basis of the statements of the indenters with no corroborative evidence. Indeed, the Commissioner (Appeals) himself observed that such loading appears to be O.K. and that reliance on data of contemporaneous import value would have further strengthened the case of the department. This itself shows that Commissioner (Appeals) is not convinced about the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , inter-alia, also stated that the prevailing price of PFAD (Palm Fatty Acid Distillate) which at the time of import was being declared as Mixed Fatty Acid )MFA) by the Indian importers was around US$ 320 to 350 PMT in Malaysia; that the landed cost of PFAD in India was around US$ 430 to 440 PMT; that on the request of Indian importers in India, he used to ask the suppliers in Malaysia to issue invoices in the range of US$ 210 to 220 PMT for PFAD and US$ 180 to 190 PMT for MFA; that the suppliers used to issue invoices for the consignments on these prices; that the PFAD and the Mixed Fatty Acid which were being so declared by the importer, were one and the same thing; that he received US$ 3 to 5 PMT as commission for the deals brokered by h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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