2017 (5) TMI 936

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..... ondent ORDER Per Archana Wadhwa: As per facts on record, the appellant filed the Bill of Entry dated 18.10.2010 at ICD Jaipur for import of 170.400 MT of rough marble blocks imported from Turkey along with other relevant documents. The said import of rough marble blocks was covered by an import license issued in pursuance of policy circular no. 29/2009-14 dated 31.03.2010, enabling the appellan .....

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..... t fulfilled the condition of the notification, the goods are liable to confiscation and the appellant liable to penalty. Accordingly, along with enhancing the assessable value he confiscated the same with an option to the appellant to redeem the same on payment of redemption fine of Rs. 5.40 lakhs. In addition penalty of Rs. 1 lakh was imposed upon the appellant in terms of the provisions of secti .....

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..... r 2009 (245) ELT 383 (Tri-Del), and the enhancement of the value based upon the weekly average price was held as bad in law. We find that though the said decision was placed before the Commissioner (A) and he has also taken note of the same but has distinguished the said decision on the ground that in the present case the appellant has not been able to establish that there was reduction in interna .....

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..... d. Vs. CCE Meerut-2015 (316) ELT 146 (Tri-Del) the Revenue's reliance on NIDB data, for the purpose of enhancement of value was not favored. The said decision of the Tribunal stands confirmed by the Hon'ble Supreme Court when the appeals filed by the Revenue were rejected reported as Commissioner Vs. Kelvin Infotech Pvt. Ltd. - 2016 (339) ELT A291 (SC). To the same effect are other decisions of th .....

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..... value was below the floor price, there is violation of the policy and the goods are liable to confiscation and the appellant liable to penalty. 8. In the present case also the Ld. Advocate appearing for the appellant has accepted the violation of the condition of the policy. Accordingly, we uphold the confiscation and imposition of penalty but following the decision in the case of R K Marbles, th .....

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