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TMI Blog2017 (5) TMI 936X X X X Extracts X X X X X X X X Extracts X X X X ..... W DELHI], and the enhancement of the value based upon the weekly average price was held as bad in law. Contravention of the licenses - Held that: - As per the licenses given to the appellant, the imports should be at the floor price of USD 275 per MT - the Ld. Advocate appearing for the appellant has accepted the violation of the condition of the policy - we uphold the confiscation and imposition of penalty - he redemption fine is reduced from ₹ 5.40 lakhs to 1 lakh and the penalty from ₹ 1 lakh to ₹ 50000. Appeal allowed - decided partly in favor of appellant. - C/629/2011-CU(DB) - FINAL ORDER NO. 52909/2017-CU(DB) - Dated:- 18-4-2017 - Ms. Archana Wadhwa, Member (Judicial) and Shri V. Padmanabhan, Member (Techni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same with an option to the appellant to redeem the same on payment of redemption fine of ₹ 5.40 lakhs. In addition penalty of ₹ 1 lakh was imposed upon the appellant in terms of the provisions of section 112 (a) of the Customs Act 1962. 3. On appeal against the above order the Commissioner (A) upheld the same. Hence the present appeal. 4. As regards valuation of the goods, it is seen that the Revenue has enhanced the value based upon the NIDB data as also on the weekly average prices, adopted from the other relevant ports. The appellant s contention is that the prices of rough marble blocks keeps on changing as the market in respect of the same is very volatile. They further submit that NIDB data cannot be adopted as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 (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 the Tribunal. Reference can be made to the decisions in the case of CCE Vs. Marble Art - 2013 (284) ELT 346 (Tri) as also in the case of Venture Impex Pvt. Ltd. Vs. CC Import New Delhi - 2016 (338) ELT 759 (Tri-Del). In view of the foregone we find no justifiable reasons to enhance the value and hold that the transaction value declared by the appellant be a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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