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TMI Blog2016 (12) TMI 1030X X X X Extracts X X X X X X X X Extracts X X X X ..... attributed to the importer - the Bill of Entry was filed declaring the value as 35 Euro [Rs 2583/-However, the goods were found to be valued at Euro 1628. It is also a fact that but for the /customs opening the consignment, the mistake in declaration of value would have gone unnoticed - even though the goods are liable for confiscation under Section 111(m), there is no justification for imposing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the goods and the value of the subject good was found to be Euro 1628 [Rs 1.20 lakh]. Hence proceedings were initiated and goods were confiscated and allowed redemption against Redemption fine and Penalty. The appellant is seeking revision of Redemption Fine and Penalty stating that the goods were sent free of charge by the supplier as free replacement. 2 The Original authority, at the ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs on account of a mistake on the part of the suppliers who gave the wrong invoice with the consignment. They relied upon the case law in Guru Ispat Ltd vs. Commissioner of Customs (Port), Calcutta [ 2003 (151) E.L.T. (Tri. - Kolkata), Surya Roshini LTD. vs. Commissioner of Customs, New Delhi 2002 (147) E.L.T. 84 (Tri. - Del.), Aniketa Krishna International vs. Commissioner of Customs, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant declared an amount of Euro 35 [Rs. 2,583/-] as the nominal value of the import goods which were received by them, on free of charge basis being a replacement for a defective part already supplied by the same supplier. On examination of the goods by Customs, the value declared appeared to be low. Subsequently, the appellant procured the correct invoice from the supplier. It has been su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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