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TMI Blog2016 (4) TMI 362X X X X Extracts X X X X X X X X Extracts X X X X ..... more than ₹ 8 to 10 lakhs in each case and the exporter had accepted this adjudication order. It is pertinent to mention that the declared value of the marble i.e. US$ 650/- per sq.m. is extremely high, considering the fact that import prices of the goods during the relevant period varied from $ 30/- to $ 70/- per sq.m. In the impugned order, the learned Commissioner has also observed that by overvaluation, the appellant would have got the benefits of customs duty to the tune of ₹ 11,17,402.73 (approx.) by showing the export towards fulfilment of export obligation under the EPCG licence dated 21.3.1996. As per the remand order of the Tribunal, the learned Commissioner redetermined the redemption fine and revised it to ₹ 4, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . was on the higher side and considering that the import price varies from $ 30/- to $ 70/- per sq.m. after taking into account labour cost/workmanship. In view of the objection raised by the department, the appellant requested for permission to take back the goods to town. The Commissioner of Customs adjudicated the matter vide his order dated 31.7.2000 and held the goods to be liable for confiscation under Section 113(d) and (i) of the Customs Act, 1962. He gave option to the appellant to redeem the goods and take them back to the town on payment of a fine of ₹ 1,00,000/- for each of the two consignments and also imposed penalty of ₹ 10,000/- each. The appellant paid the total fine of ₹ 2,00,000/- and penalty of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the earlier adjudicating Commissioner vide his order-in-original has found the market value of the goods around $ 30/- to $ 70/- per sq.m. and the realistic value could not be more than ₹ 8 to 10 lakhs in each case and the exporter had accepted this adjudication order. It is pertinent to mention that the declared value of the marble i.e. US$ 650/- per sq.m. is extremely high, considering the fact that import prices of the goods during the relevant period varied from $ 30/- to $ 70/- per sq.m. We also note that in the impugned order, the learned Commissioner has also observed that by overvaluation, the appellant would have got the benefits of customs duty to the tune of ₹ 11,17,402.73 (approx.) by showing the export toward ..... X X X X Extracts X X X X X X X X Extracts X X X X
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