9911796707
TMI Blog2008 (1) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... d value was not acceptable, the correct value should be determined through a systematic process involving sequential application of the CVR - impugned order of confiscation & penalty is set aside and this appeal is allowed - C/385/2007 - 14/2008 - Dated:- 2-1-2008 - S/Shri P.G.Chacko, Member (J) and P. Karthikeyan Member (T) [Order per: P.G. Chacko, Member (J)]. - 1. After examining the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter dated 16-7-2007 received from the Directorate of Revenue Intelligence, yielded the following results 245 kgs. per roll- 191 rolls x 245 kgs. = 46795 (46.795 MTs.) Based on the DRI letter, the Customs authorities rejected the declared value under Rule 10A of the Customs Valuation Rules, 1988 and enhanced the value of the goods to USD 93,590/- @ USD 2000 PMT (said to be "international p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er's order. 3. It is the case of the appellants, reiterated by their Consultant, that factually there was no misdeclaration of quantity of the goods inasmuch as the relevant bill of entry and packing list had declared a higher weight for the goods than what was found by the authorities. It is further submitted that, where the declared value was unacceptable, it was incumbent on the department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order. 4. On the aforesaid facts, which are not in dispute, we have to accede to the assessee's prayer. We have found that the party declared net weight of 48,067 kgs. of adhesive tapes, whereas what was found by the Customs authorities upon detailed examination of the goods was a quantity of only 46,795 kgs. On this fact, we are at a loss to understand as to how the party can be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue against a similar enhancement of value of imported goods was rejected by this Tribunal. In that case, the enhancement was based merely on a letter of the Directorate of Valuation and there was no other material in support of the enhancement. 5. In the result, the impugned order is set aside and this appeal is allowed. (Dictated and pronounced in open Court) - - TaxTMI - TMITax - Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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