2024 (5) TMI 1006

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..... hanced by the Chartered Engineer, they accepted the enhanced value which will have an impact on their export obligation. As rightly claimed by the appellant there is no duty liability and the declared value was based on the proforma invoice, hence there was no mis-declaration as such. Therefore, I do not find any suppression or mis-declaration by the appellant so as to confiscate the goods. Hence, the order of confiscation is set aside along with the penalty imposed on the appellant u/s 112(a)(ii).
HON'BLE MRS. R. BHAGYA DEVI , MEMBER ( TECHNICAL ) Ms. Sneha Philip , Advocate for the Appellant Mr. K. Vishwanatha , Authorised Representative for the Respondent ORDER PER : R. BHAGYA DEVI This appeal is filed by the appellant M/s. A .....

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..... ature of the goods to be imported and since, the appellant had voluntarily sought for First Check Assessment, the question of any mis-declaration does not arise. It is further submitted that as per the Foreign Trade Policy 2009-2014, all second-hand capital goods other than refurbished/reconditioned spares of capital goods are freely importable without any conditions. It is stated that there has been no mis-declaration as the value was declared based on the invoice of the parent company. Reliance is places in the following declarations: • Sumeet Exports (India) vs. Commissioner of Customs (I), Nhava Sheva: 2019 (370) E.L.T. 423 (Tri.-Mumbai), • Shree Ganesh International vs. CCE, Jaipur: 2004 (174) E.L.T. 171 (Tri-Del.) &bul .....

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..... supplier and requested for First Check before the assessment of the impugned goods. During the examination of the goods by the Chartered Engineer, it was noticed that the capital goods were used goods and the declared value was found to be Rs.1,08,29,077/- as estimated by the Chartered Engineer as against the declared value of Rs.86,64,335/-. There is no doubt that the appellant being 100% EOU, valuation place a significant rule as it has a direct bearing on the export obligations to be discharged. It is also on record that the appellant had declared the value as shown in the proforma invoice as declared by their supplier. After inspection, since the goods were found to be used goods and the value was enhanced by the Chartered Engineer, th .....

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