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2017 (3) TMI 163

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..... ore this Tribunal. The value thus arrived on the basis of the Chartered Engineer certificate has attained finality. The contention of the appellant that he was not given a chance to challenge the market enquiry done by Department does not appear to be attractive - no merits in the contention of the appellant that there is violation of natural justice as he was not given a chance to contest the mar .....

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..... 2.17 of Foreign Trade Policy, 2004-2009, the authorities below imposed redemption fine of ₹ 5,44,000/- and penalty of ₹ 1 lakh. The present appeal is preferred against the redemption fine and penalty alone. 3. On behalf of appellant the Ld. Counsel has filed an application seeking adjournment of the case stating illness of the advocate. The present case was earlier posted on 04.10. .....

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..... appellant has confined the contest on the redemption fine and penalty imposed. It is submitted that the appellant accepted the loaded value due to the urgency to clear the goods. That details of market enquiry was not furnished to appellant. If market enquiry was conducted the appellant ought to be given a chance to challenge the market enquiry done with regard to the arrival of margin of profit .....

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..... he appellant has not challenged the enhanced valuation before this Tribunal. The value thus arrived on the basis of the Chartered Engineer certificate has attained finality. The contention of the appellant that he was not given a chance to challenge the market enquiry done by Department does not appear to be attractive. For these reasons, I do not find any merits in the contention of the appellant .....

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