TMI Blog1995 (3) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... ation Rules framed under Section 14 of the Customs Act. 2. The appellant filed a Bill of Entry for clearance of 125 cartons of toners declaring the value of the goods at a particular amount on the basis of invoice-cum-value and country of origin certificate issued by M/s. Sangill Ltd. Since the seller was not a manufacturer the Department required the appellant to furnish the price list of the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be confiscated with an option to clear on Rs. 8 lakhs. Penalty of Rs. 1000/- was also imposed. Against this order the appellant approached the Tribunal. The Tribunal found that the Collector did not commit any error in applying Rule 3(b) but reduced the redemption fine from Rs. 8 lakhs to Rs. 5 lakhs. The penalty of Rs. 1,000/- was maintained. 3. Section 14(1)(b) of the Customs Act empowers th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Rule 3(b) was rightly invoked. And the determination having been done on comparable goods offered for sale in competitive conditions in countries outside India the order does not suffer from any error of law. The Tribunal further did not commit any error in relying on the price list supplied by the manufacturer as compared to trading company which refused to divulge the name of the manufacturer ..... X X X X Extracts X X X X X X X X Extracts X X X X
|