Revenue's Appeals Dismissed: Used Clothing Valuation Under Section 111(d) Upheld with Reduced Penalties of 10% and 5%

CESTAT dismissed Revenue's appeals concerning valuation of imported used clothing under Tariff Item 63090000. Following precedent cases including Venus Traders and others, the Tribunal maintained that due to limited evidence for value ascertainment and non-compliance with licensing requirements, confiscation under Section 111(d) of Customs Act 1962 was justified. However, the reduced redemption fine of 10% and penalty of 5% of assessed value were deemed sufficient. The Commissioner (Appeals)'s order imposing these reduced penalties was upheld as meeting the ends of justice, with no infirmities found in the impugned order. .....

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