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TMI Blog2016 (10) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... nor manufacturer's invoice produced to substantiate the invoice price. There is a vast difference between the invoice value and the manufacturer's price list value. In spite of the order by the Hon ble High Court, the goods were not released and the same were subsequently auctioned without issuing the notice to the appellant. The appellant prayed for compensation - Held that: - compensation granted by the Hon ble High Court is under the writ jurisdiction of the Hon ble High Court which is a constitutional court whereas the Tribunal does not have the power to grant compensation in such cases - compensation cannot be granted. Mis-declaration on the part of appellant proved - Penalty imposed on the appellant held to be on higher side and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the presence of the importers representative and CHA, the packets were found marked Original Komatsu parts, made in Japan. From this it appeared that the impugned goods of Komatsu manufactured in Japan are imported from USA through a dealer in USA. Being the parts of Komatsu Japan, the contemporaneous price list No. 36 in force from November 92 was verified. According to the price list, the total FOB value of all the items imported against bill of entry dated 19.02.93 works out to 63516.17 US $ whereas importer has declared the value as 32702.42 US$. The difference between the invoice price and the price lists is found to be 30813.74 US$. Invoice value is found to be only 48.5% of the price list value. The reduction in price to the exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Valuation Rules 1988 on the basis of transaction value of identical goods offered for sale as defined under Rule 2(c) of Customs Valuation Rules 1988 in the ordinary course of business in the International Trade. The total duty on the declared value was assessed as ₹ 19,76,308/-. The duty on the basis of value arrived on identical goods works out to ₹ 30,17,020/- Thus the importers attempted to evade customs duty of ₹ 10,40,712/-. Similarly M/s Intersales, Calcutta have filed another Bill of Entry for home consumption dated 19.02.93 through M/s Pavan Enterprises for clearance of two cases of earth moving equipment. Along with bill of entry, they filed invoice dated 02.09.93 of M/s Healdean International and declared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 31.01.2002 remanded the case back to the adjudicating authority to examine the issue afresh and to pass appropriate order in accordance with law. Consequent to the remand order, the Commissioner heard the matter afresh in denovo proceedings and finally rejected the value quoted by the appellant and fixed assessable value as below:- (a) bill of entry No. 4353-Rs 17,50,211/- CIF (b) Bill of Entry No. 4354 Rs 10,75,700/- CIF. and also confiscated the goods and appropriated the sale proceeds of ₹ 20,000/- towards duty liability and also imposed penalty of ₹ 2,00,000/- Aggrieved by the said order, the appellant is before us. Heard both the counsels and perused the records. Learned counsel for the appellant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted and secondly when it was submitted later on, it was mentioned in the certificate that the goods have come from USA. He also submitted that Komatsu is based in Japan and contemporaneous imports of BEML was adopted as the same was available during the relevant time. He further submitted that the learned Commissioner has given reasoning for rejecting the declared value by the appellant. 4. After considering the submissions of both the parties and perusal of the entire record, we find that the appellant approached the Hon ble High Court for provisional release of the goods confiscated by the Revenue and in spite of the order by the Hon ble High Court, the goods were not released and the same were subsequently auctioned without issui ..... X X X X Extracts X X X X X X X X Extracts X X X X
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