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TMI Blog2019 (3) TMI 1724X X X X Extracts X X X X X X X X Extracts X X X X ..... lack of evidence of any additional consideration, cannot be faulted in the light of imports effected by others around the same time. Though the impugned order refers to Rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the enhancement of the assessable value to US $ 3253 cannot be faulted merely for that reason as Rule 9 permits, consistent with the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow declaration justifying rejection of declared value and from lack of any evidence of circumstances that would appear reasonable, the intention to evade duty by such misdeclaration cannot be discounted. Confiscation of goods under Section 111 of Customs Act, 1962, and imposition of penalty under Section 112, cannot, therefore, be faulted - appeal dismissed - decided against appellant. - C/173/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated and culminated by applying Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 for enhancement to ₹ 14,61,719.91/- after revision of the unit price to US $ 3293 per cubic meter from the declared unit price of US $ 500 per cubic meter. In addition, the goods were ordered to be confiscated, though allowed to be redeemed on payment of fine of ₹ 5,00,000/-, and pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eration, cannot be faulted in the light of imports effected by others around the same time. Though the impugned order refers to Rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the enhancement of the assessable value to US $ 3253 cannot be faulted merely for that reason as Rule 9 permits, consistent with the provisions of the said Rules, resort to best judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that remains is merely one of quantification. Quantification in the impugned order has relied upon average value which is not inconsistent with best judgment. 5. In view of the unduly low declaration justifying rejection of declared value and from lack of any evidence of circumstances that would appear reasonable, the intention to evade duty by such misdeclaration cannot be discounted. Confisca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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