This case deals with the valuation of 'rough diamonds' imported ...

Customs valuation of rough diamonds: Mismatch vs absolute confiscation.

Case Laws Customs

November 7, 2024

This case deals with the valuation of 'rough diamonds' imported into India and the subsequent discrepancy between the declared value and the reassessed value by customs authorities. The key points are: Customs authorities confiscated the goods u/s 111(m) of the Customs Act, 1962, for misdeclaration of particulars in the bill of entry. The appellate authority enhanced the confiscation to 'absolute' confiscation without prior notice, which was challenged as violating natural justice. The court held that absence of prior notice is not required when the appellate authority is only enhancing the gravity of confiscation. The proposal for reversal of redemption of confiscated goods served as notice of potential outcome. Absolute confiscation was set aside as it could lead to 'conflict diamonds' entering the domestic market, contrary to India's commitment to ban their trade. The mismatch in the certificate alone is not a ground for absolute confiscation. The court remanded the case for re-determination of value as per statutory procedure, with only the misdeclared portion liable for confiscation subject to redemption, and the rest eligible for clearance.

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This case deals with the valuation of 'rough diamonds' imported ...

Customs valuation of rough diamonds: Mismatch vs absolute confiscation.

Case Laws Customs

November 7, 2024

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