TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Upholds Scrap Value Enhancement, Reduces Penalties for Misdeclared Goods</h1> <h3>VM METALS Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA</h3> VM METALS Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA - 2002 (143) E.L.T. 68 (Tri. - Kolkata) Issues Involved:Determining whether electronic/electrical components were imported along with Copper Scrap Birch and if the value of the imported scrap was undervalued.Analysis:The appeal filed by M/s. V.M. Metals raised the issue of whether they had imported electronic/electrical components along with Copper Scrap Birch and if the value of the scrap was under-declared. The Appellants argued that they were solely in the business of scrap metals and had not ordered any electronic components. They presented evidence to support their claim that the imported goods were factory rejects and scrap as per customs definitions. They highlighted that a test report indicated the materials were not definite electronic components and cited legal precedents to support their position.The Respondent countered by referencing definitions of inductance and jumper wires to argue that the test report provided specific information on the nature of the imported materials, suggesting they could be used as electronic components. The Respondent also mentioned that the scrap value was increased based on the Appellants' previous imports.The Tribunal considered both arguments and upheld the enhancement of the scrap value based on the Appellants' previous imports. The test report from the Electronic Regional Test Laboratory was deemed conclusive, stating that some samples could be used as inductors and jumper wires. The Appellants failed to provide substantial evidence to refute the test report. The Tribunal agreed with the Commissioner's findings that the goods were misdeclared and subject to confiscation. However, considering the circumstances, the Tribunal reduced the redemption fine and penalty amount in the interest of justice, ultimately disposing of the appeal with adjusted penalties.
TaxTMI 