2017 (10) TMI 474

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..... including cubic Zirconia as well as imported packing materials bearing brand names "Korean Star", "Starlite", "Decent" and "Swiss Star". 2. The semi-precious stones of sizes 1 mm - 3mm were imported from Hong Kong through Air Cargo Complex, Jaipur. However, the branded packing material was separately imported through Foreign Post Office, Jaipur. After search of business premises as well as residence of Shri Sunil Batwara, partner, scrutiny of recovered record as well as recording the statement of Shri Sunil Batwara, the department came to the conclusion that the imported consignment of cubic zirconia of various sizes were packed in normal packing pouches without bearing any brand name but at under-valued prices. The branded packing materia .....

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..... the order may be set aside. 5. Learned DR justified the impugned order. He submitted that both the appellant-firms have carried out the well thought strategy for under valuing the imported gems. He submitted that branded gems of higher value was imported, but the packing material bearing the brand name was obtained separately vide Foreign Post parcel. Accordingly, he justified the confiscation of the imported goods. 6. Both the appellant firms have imported semi-precious gems cubic Zerconia of all sizes from 1.00 mm to 3.00 mm. During the search of the appellants premises, such semi-precious stone as well as imported packing material were found and seized. The appellants were found to pack the imported gems in the plastic pouches bearing .....

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..... rts comprised of Shri Sachin Gupta of M/s. Govind Gems, Jaipur, Shri Mahesh Khandelwal of M/s R K Impex, Jaipur and Shri D K Bangad, Assistant Commissioner (Audit), Customs, Jaipur to determine the correct value of the samples of Cubic Zirconia of sizes 1.00 MM to 3.00 MM imported by Shri Sunil Batwara in his firms. It was found that out of these three members, majority of two members was from the trade who were expert in examining the grade, quality of stones and true prices thereof. Thus, the opinion of independent experts was duly obtained for arriving at the correct assessable value. It was also observed that Shri D K Bangad, apart from being an officer, was also a qualified stones expert and since he was not anyway involved in the inve .....

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