9911796707
TMI Blog2018 (12) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... than that of the scrap, the appellants cannot claim by any stretch of imagination that the value declared by them was correct. Moreover, there was discrepancy in the quantity also as found during the physical examination. The test report given by the Custom House Laboratory has indicated that the composition of the material in the impugned goods was far different from the one submitted by the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there is an excess quantity of 170 dozen in item No.14 of Bill of Entry. Further, comparison of the value of the padlocks with the value of the raw material i.e., brass indicated that the value imported for padlocks was less than the value of the brass scrap. It was also revealed that the importer was the sole distributor of the item in India. In view of the above, it appeared that the value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them i.e., M/s. JD Orgochem Ltd.: 2008-TIOL-74-SC-CUS and South India Television (P) Ltd.: 2008 (214) ELT 3 (SC). 3. Learned departmental representative has submitted that the Commissioner has correctly found that there was prima facie mis-declaration in respect of quantity and value. The importer being the sole distributor of the item, he was deemed to be related for the purpose of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption fine of ₹ 14,50,000/- and appropriated the Bank Guarantees amounting to ₹ 18,86,744/-. 4. Heard the AR and perused the records. 5. We find that in the instant case, the value declared was less than that of the raw material. Nobody having any commercial prudence would manufacture goods and sell them at price less than that of the raw material which has gone into the manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejected. We do not find any infirmity with the order of the Commissioner, in which, he has rejected the transaction value and has re-determined the value in terms of Rule 7A of CVR, 1988. We find that Commissioner has given valid reasons as to why he had to rely upon Rule 7A, therefore, we find that the submissions made by the appellant are not acceptable. 6. In view of the above, the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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