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TMI Blog2005 (2) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... T.K. Jayaraman, Member (T)]. - This is an appeal against the Order-in-Appeal No. 47/2002, dated 25-2-2002 passed by the Commissioner of Customs (Appeals) Cochin. 2. The appellants filed Bills of Entry dated 25-3-99 for clearance of the goods declared as 79 M.T. of MS Scrap. The value declared was US $ 196 per M.T. The goods were assessed provisionally. Further, a detailed examination by Special I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peared for the appellants and Shri R.V. Ramakrishnappa, learned JDR appeared for Revenue. 4. The learned Advocate urged that the goods were sold as Scrap only in the exporting country. He said that Revenue has not made a proper case for rejecting the transaction value. The rate of duty of MS Scrap and mild steel flat bars is one and the same. Hence, there was no motive for misdeclaration. He also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 'London Metal Exchange' Bulletin. Further he has given a 10% discount from the Customs duty. He requested the Bench to uphold the Order-in-Appeal. 6. We have heard both the sides in the matter. As regards the mis-declaration, in view of the fact that the goods are of uniform lengths bundled together, they cannot be treated as Scrap. Hence the goods are liable for confiscation under Section 111( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... buyer other than restrictions which- (i) are imposed or required by law or by the public authorities in India; or (ii) limit the geographical area in which the goods may be resold; or (iii) do no substantially affect the value of the goods; (f) the sale or price is not subject to same condition or consideration for which a value cannot be determined in respect of the goods being valued; (g) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue has not done that. Hence, there are no grounds to reject the transaction value. In view of this, the declared value shall be accepted. Considering the fact that no motive could be attributed to the misdeclaration on account of the same rate of duty for MS Scraps as well as mild steel flat bars, there is no justification for imposing the fine and penalty. In the facts and circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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