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TMI Blog2015 (3) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... ablished the goods to be smuggled goods under section 2 (39) of the Customs Act, 1962. Accordingly, confiscation of the goods was bound to be ordered. - appellant lost its entire right to ask Customs to adopt the value suggested by it when it smuggled the goods into India. Confiscation was warranted under law. Reasonable valuation of goods was adopted by Customs in the case which cannot be ruled o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent : Mr B Subramaniyan, AC (AR) ORDER Per: D N Panda: It is an established case on record that 144 items entered into India which were declared in the bill of exchange as plastic toys. While majority of the goods were different items, the balance were toys. Out of the total of 144 items in the consignment, 104 items were maps and clocks, 31 items were toys, 7 items were phot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. Revenue supports adjudication. 4. Heard both sides and perused the record. 5.1 Misdeclaration of description became patent upon detection by Customs. It was misdeclaration when there was concealment of other goods by plastic toys. Such material fact established the goods to be smuggled goods under section 2 (39) of the Customs Act, 1962. Accordingly, confiscation of the goods was bou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d authority has recorded that looking to value of the goods, the redemption fine of ₹ 1,50,000/- is justified. But he did not record what is the profit margin in respect of confiscated goods. Therefore, keeping in view the ratio laid down in the case of Commissioner of Customs, Mumbai Vs Mansi Impex reported in 2011 (270) E.L.T. 631 (S.C.) and considering reasonable margin in the trade of pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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