2016 (10) TMI 903

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..... re no valid license covering the present import. As such, we hold that confiscation on the said count is valid. In view of the peculiar facts and circumstances of the case leading to imports being without license, the appellants are given an option to redeem the same on payment of Redemption Fine of ₹ 8 lakhs. Similarly, for the above reason, penalty is also reduced to ₹ 5,00,000/- - appeal disposed off - decided against appellant. - Customs Appeal No. 488 of 2011 and Customs MISC/EH/ No. 50727 of 2016 - Order No. C/A/53700/2016-CU[DB] - Dated:- 22-9-2016 - Ms. Archana Wadhwa, Member (Judicial) and Mr. V Padmanabhan, Member (Technical) Appellants By: Shri D K Nayyar, Consultant Respondent By: Shri Govind Dixit, AR .....

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..... ccordingly, he held that the transaction value adopted by the appellant as declared assessable value is lower than the value prevailing at the material time and as reflected in Notional Import Data Bank Accordingly, he enhanced the value, confirming the differential duty, confiscated the goods with an option to redeem the same on payment of Redemption Fine of ₹ 60 lakh, and has also imposed penalty of ₹ 12 lakh under section 112 A of the Customs Act, 1962. 5. The said order is impugned before us. 6. On hearing both the sides duly represented by Shri D K Nayyar, learned Consultant appearing for the appellant and Shri Govind Dixit, learned AR appearing for the Revenue, we find that the main grievance of the appellant is as r .....

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..... judicating authority. 8. Tribunal in the case of Neha Intercontinental Pvt. Ltd. vs. Commissioner of Customs, Goa [2006 (202) ELT 530 (Tri-Mum)] has held in the absence of rejection of transaction value, invoice value requires acceptance and when the contemporaneous import of similar goods is not established, value cannot be enhanced. In the case of Commissioner of Customs vs. Modern Overseas [2005 (184) ELT 65 (Tri-Delhi)] NIDB data was held to be insuffcient in the absence of clarity about various parameters. List of such decisions is unending and it is sufficient to say that NIDB data has been held to be insufficient for enhancement of value, in the absence of any other independent evidence. Admittedly in the present cases, t .....

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