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TMI Blog2018 (3) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Ahibaran, Additional Commissioner (AR) for the respondent Per: Ramesh Nair The fact of the case is that the appellant filed bill of entry for the clearance of Royal Barge marble slabs valued at US $ 38.470 per sq. meter with total assessable value of Rs. 47,45,239/- under EPCG scheme. The appellant produced EPCG licence issued by DGFT for effecting clearance of the said consignment un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudicating authority confiscated the goods and imposed a redemption fine of Rs. 13 lakhs and imposed a penalty of Rs. 4 lakhs. The value of the goods was re-determined at US $ 50 PSM CIF against US $ 38.470 PSM CIF. Being aggrieved by the order-in-original appellant filed the present appeal. 2. Shri Vinod Awtani, Learned Chartered Accountant appearing on behalf of the appellant submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lassification of marble under import is classified under Chapter Heading 6802 9910 and shall be free provided that CIF value of import is US$ 50 PSM or above of marble imported. He submits that the department has assessed the CIF value as US $ 50. Therefore, the condition in Notification No. 18(RE-2008) and stipulated under licence stands fulfilled. Therefore, the adoption of value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.-Mum.) iii. S P Sacheva v. Commissioner of Customs, New Delhi 2002 (149) ELT 412 (Tri.-Del.) 4. Shri Ahibaran, Learned Additional Commissioner (AR) appearing on behalf of the respondent submits that as per the condition of notification, marble is permitted to be imported only when the price of marble is US $ 50 PSM or above. The appellant have imported the goods for which the value of the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly held liable for confiscation. 6. Considering the fact that the appellant is the actual user and there is no malafide intention in not obtaining the licence the appellant deserve leniency. Therefore, taking into consideration the overall facts and circumstances, we are of the view that the redemption fine and penalty in the impugned order is at higher side which needs to be reduced. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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