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TMI Blog2018 (10) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... duty - confiscation - redemption fine - penalty - Held that:- In the absence of any machinery provisions to alter the retail selling price declared by the importer, and the lack of provision for recovery in the event of any subsequent alteration of retail selling price, no proceedings can be initiated against the appellant in the circumstances narrated in the show cause notice as well as the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d imposed penalty of ₹ 16,913/- under section 114A of Customs Act, 1962 along with other penalties. 2. Appellant had imported various types of telephone and other communication equipments which, in addition to basic customs duty, was liable to additional duties of customs on the retail selling price as provided for in section 4A of Central Excise Act, 1944. Consequent upon search of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 3 of Customs Tariff Act, 1975 which empowers the collection of such duty as would have been recoverable on the said goods under the Central Excise Act, 1944 if manufactured in India. There are two streams for assessment of such additional duties of customs: the default levy of duty on value assessed for determination of basic customs duty with addition of such basic customs duty and, alternative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4A of Central Excise Act, 1994 and there is no scope for enhancement of the assessable value by such recourse. 4. In the absence of any machinery provisions to alter the retail selling price declared by the importer, and the lack of provision for recovery in the event of any subsequent alteration of retail selling price, no proceedings can be initiated against the appellant in the circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X
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