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TMI Blog2020 (8) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the declared value as regards the import of Silicone Weather Proofing Sealant , Fast Track Acqua tech very high bond foamed acrylic tape imported from China have been rightly rejected and revalued alongwith order of confiscation with option to redeem on payment of fine and further demand of differential duty alongwith penalty under Section 114A of the Act and further penalty of ₹ 50,000/- under Section 114AA on the appellant is correct, as confirmed by the impugned order in appeal. 2. Brief fact of the case are that based on intelligence, the goods imported vide Bill of Entry No. 2140432 dated 04.08.2015 filed by the appellant was subjected to detailed examination by the officer of the Customs Preventive Commissionerate, on the reasonable belief that the same were undervalued. On examination, goods containing (i) Silicone Weather Proofing Sealant (ii) Foamed Acrylic Tape and (iii) Tape were found. The quantity of goods was found as per the declaration, however, the length of the each tape as mentioned at (iii) above was found 8.2 meters as compared to declared length of 6.5 meters in the BoE/Invoice and Packing List. No MRP/ RSP stickers were found affixed on any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ternet. It was found that minimum price for bulk quantity from China in respect of similar goods were US$0.52/piece. Also retail price of similar product available on net was ₹ 80/- per piece (minimum price). On the assessable value of US$0.52 taken from the net, the MRP worked out to ₹ 75/- per piece which appeared to be in consonance with the retail price of ₹ 80/- prevalent in India. 5. It appeared that the invoice value submitted at the time of clearance of the Bill of Entry No. 2140432 dated 04.08.2015 is liable for rejection under Rule 12 of the Customs Valuation (Determination of Value of Imported Goods), Rule, 2007. The assessable value of the Silicon Sealant imported by the party appeared not be less than US$0.52/pc. which was the minimum rate available for the identical/ similar products as per website. The price appeared in consonance with the retail price of ₹ 80/- per piece. However, in order to follow the principal of natural justice, lowest amount of all value of the identical / similar goods retrieved from NIDB data i.e. ₹ 24.10 per piece was taken for assessment. It was also observed that the importer imported most of their products ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holesale and retail margin. There is no proper scientific basis. Further, prices also vary as per the brand name. It was further urged that the Revenue adopting pick and choose method from the NIDB data relied upon, as they are ignoring the import price in respect of past Bill of Entry No. 9707166 dated 26.06.2015 and Bill of Entry No. 8648503 where value of 280 ml. and 300 ml Silicon Sealant has been accepted at ₹ 24/- per piece. Further, appellant contended that they are regular importers from M/s Olivia chemicals, China which is a ISO 9001 certified company. Thus, rejection of transaction value on the basis of one Sealant from different suppliers is not justified in view of difference in quality, quantity, period of time etc. Further, the appellant is a regular importer under his own brand name which are KORNING and BARRBERY. The appellant also produced contemporaneous data of import loaded from the website ZAUBA wherein the transaction value is lower than the declared value as per appellant. Thus, as per rules when various import prices are available in respect of contemporaneous import, lowest of such prices is to be taken. Further, contended that the appellant imports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , save and except suspicion. 9. Learned Commissioner (Appeals) observed that upon examination of the goods under Bill of Entry as required no sticker of MRP/RSP was found fixed. Further, the length of tapes was found to be longer than declared. Thus, it is a case of mis-declaration. Further, on comparison of the declared price with the NIDB price of identical / similar goods, the declared values appear to be very low and accordingly have been rightly rejected. Further, admittedly the price on internet for bulk quantity was found to be US$0.52 per piece and retail price in India was found to be ₹ 80/- per piece. As per the internet quotation the MRP worked out at ₹ 75/- per piece which is in consonance with the retail sale price of ₹ 80/-. Thus, the value as per NIDB data was taken at ₹ 24.10 per piece. The adjudicating authority have compared the price of the product under import Silicon sealant is as follows:- Description of goods CIF Ass. value Duty cum price Post importation charges (5%) Price including importer margin (15%) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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