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The CESTAT held that the imported betel nuts were rightly classified under CTH 0802 8030. While the minimum import price fixed by DGFT could not be treated as tariff value for rejecting the declared transaction value, confiscation and penalties were justified. However, the redemption fine was reduced to 5% of the DGFT determined value, totaling Rs.10,95,000/- and penalty u/s 112(a) was reduced to Rs.5,00,000/-. Re-export of the goods was permitted with the reduced redemption fine. The appeal was allowed in part.
The CESTAT held that the imported betel nuts were rightly classified under CTH 0802 8030. While the minimum import price fixed by DGFT could not be treated as tariff value for rejecting the declared transaction value, confiscation and penalties were justified. However, the redemption fine was reduced to 5% of the DGFT determined value, totaling Rs.10,95,000/- and penalty u/s 112(a) was reduced to Rs.5,00,000/-. Re-export of the goods was permitted with the reduced redemption fine. The appeal was allowed in part.
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