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TMI Blog2004 (1) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... ginal No. 167/2003 dated 22-11-2001 passed by the Commissioner of Customs (Sea), Chennai by which the Commissioner has enhanced the value of the monitors imported from Rs.8, 54,990/- to Rs. 24,71,365/- under Rule 8 of the Customs Valuation Rules, 1988. He has also ordered confiscation of the goods with option to redeem the same on payment of fine of Rs. 5,00,000/- and also imposed penalty of Rs. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicate the case without show cause notice but requested for personal hearing. After personal hearing, the case was adjudicated by the original authority who passed the order-in-original as noted above. 3. Shri A.K. Jayaraj, learned Counsel for the appellants submitted that the imported goods are second hand goods and the value assessed by the Chartered Engineer should be accepted and there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond hand goods is restricted. In the present case the import of the second hand goods have been made without a specific licence and therefore, the import has been made in contravention of Section 3(3) of the Foreign Trade (Development and Regulation) Act, 1992. Therefore, the goods have been rightly confiscated and they are also liable to penalty. We further note that in the instant case the enha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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