9911796707
TMI Blog2018 (8) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ional Commissioner (AR), for Respondent ORDER Per: Archana Wadhwa After hearing both the sides we find that the appellant imported old and used tyres of various sizes and of mixed brands under the cover of invoice of the foreign supplier and declared the value of the same based upon the value reflected in the invoice. Being doubtful about the value declared by the appellant, Revenue got the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Value of Imported Goods) Rules, 2007 read with Section 14 of the Customs Act, 1962. He also confiscated the goods with an option to the appellant to redeem the same on payment of redemption fine of Rs. 14 lakh penalty of Rs. 7.50 lakh was also imposed under Section 112(a) of the customs Act. 3. On appeal against the above order the appellant authority upheld the charge of undervaluation as also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue, in which case the same becomes correct assessable value, being the transaction value. Accordingly he prays for setting aside the enhancement. 5. After considering the submissions made by learned AR and after going through the impugned order we note that the imported tyres are old and used tyres as also of different mixed brands. The value of old and used tyres would depend upon the factors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion fine to 15% of the assessable value of the goods and penalty to 10% of the value of the goods, by adopting the principle enunciated in the previous decision in the case of M/s Jibran Overseas V/s C.C.E & S.T., Ghaziabad reported at 08.04.2015 as upheld by the Hon'ble Allahabad High Court in Commissioner of Customs Noida V/s M/s Jibran Overseas reported at 20.12.2016. 7. The appeal is disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
