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TMI Blog2018 (3) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... ought out various facts which did not support the case for bonafine belief on the part of the appellants. The non-inclusion of design charges is, admittedly, not in line with the valuation provisions. The redemption fine imposed is 10% of the value of assessment and the penalty is 5% of such value. These cannot be considered as excessive. Appeal dismissed - decided against appellant. - C/62/2009 - C/40239/2018 - Dated:- 30-1-2018 - Ms. Sulekha Beevi, Member (Judicial) And Shri B. Ravichandran, Member (Technical) Shri Krishna Srinivasan, Advocate, Shri S. Ramasubramanian, Advocate - for the Appellant Shri R. Subramaniyam, AC (AR) - for the Respondent ORDER Per: B. Ravichandran The appeal is against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be construed as some attempt being made by the appellants to under declare the value of the imported items. On being pointed out by the officers regarding the need to include design charges in the assessable value, the appellants did pay duty on the full value as determined by the officers. The appellants had bonafidely followed all the procedures for declaration, assessment and clearance of the impugned goods. The finding of the original authority is not legally sustainable with reference to confiscation and penalty on the appellants. Alternatively, the Ld. Counsel pleaded for substantial reduction of the redemption fine and penalty imposed on the appellants considering the facts and circumstances of the case. He referred to the purchase o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o shipments and there was no third shipment at all. Further, during the course of enquiry, they have submitted a revised invoice which did not have certain endorsement originally found in the initial invoice. Even here the declared value was found to be incorrect. The original authority recorded that even after two months of filing Bill of Entry, the appellant did not come with full explanation to justify their initial declaration of value or bonafideness in not declaring the correct value. It is apparent and clear that the detailed investigation and follow up by the officers has brought out various facts which did not support the case for bonafine belief on the part of the appellants. The non-inclusion of design charges is, admittedly, not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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