9911796707
TMI Blog2023 (5) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... nd seeing as the petitioner has emphasised only upon those orders that are of no consequence really, in deciding the issue relating to valuation of the goods for determination of customs duty. The enactment contemplates two separate and distinct schemes for valuation in the context of imposition of duty on the one hand, and fixing redemption fine, on the other. As far as duty is concerned, the applicable provisions are Sections 14 and 15. Section 14 talks of valuation of the goods which is the manner by which such valuation should be effected and Section 15 crystallizes the date as on which such valuation must take place. Coming to redemption fine, Section 25 is a code by itself and states that the valuation for purposes of fixing redemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were recovered. Additionally, three packets covered with insulation tape had been found from the bathroom and upon opening the same, two gold biscuits with foreign markings in one packet and four gold biscuits with foreign markings in the other two packets were recovered. 4. Upon questioning at the spot, the petitioner had admitted that he had brought the aforesaid five packets of gold packets by concealing them. Two packets had been kept inside his shoes and socks and the other three in his person, in the rectum. He arrived from Calcutta and upon arrival concealed them in the places where they had been located by the authorities. All 22 gold biscuits ( assets in question ) with the packing material had been seized under the applicable p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er further in appeal before the Customs Excise and Service Tax Appellate Tribunal ('Tribunal'). 8. Pending appeal, the petitioner made a request for redemption of the confiscated gold and the Assistant Commissioner vide communication dated 24/31.07.2015 computed the duty liability that would arise in the event of redemption as follows:- Please refer to your letter dated 29.05.2015 on the above subject. Towards redemption of the confiscated gold in the above-cited case, the following liability has to be discharged by your client. Duty @ 36.50% (Customs duty 35% + 3% Cess on Customs duty) on Rs.65,74,095/- being the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported goods, shall be the rate and valuation in force- (a) in the case of goods entered for home consumption under section 46, on the date on which a bill of entry in respect of such goods is presented under that section; (b) in the case of goods cleared from a warehouse under section 68, on the date on which [a bill of entry for home consumption in respect of such goods is presented under that section] (c) in the case of any other goods, on the date of payment of duty; 10. Since the goods in question have neither been imported for home-consumption under Section 46 nor cleared from warehouse under Section 68 but constitute smuggled goods, the officer has proceeded to adopt the manner of determination set out in clause ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch fine shall not exceed the market price of the goods confiscated, less in the goods of market goods the duty chargeable thereof'. 15. To be noted, that the entirety of the litigation preferred by the petitioner emanating from Order-in-Original dated 11.01.1994 upto the order in CMA dated 19.09.2018 touch only upon the aspect of redemption fine. There is no dispute in this regard and the petitioner has not produced any material, including grounds of appeal, though specifically called for, to establish that valuation for the purposes of duty determination was ever in question. Thus, and to clarify, the determination of duty under order dated 23.07.2015 was admittedly, never in question. 16. Seen in this light, the narration rela ..... X X X X Extracts X X X X X X X X Extracts X X X X
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