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    <title>2015 (10) TMI 1775 - Supreme Court</title>
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    <description>Imported consignments were found, on expert examination and the Department&#039;s own material, to consist largely of unused, serviceable zinc articles rather than scrap, so confiscation under Sections 111(d) and 111(m) of the Customs Act, 1962 was treated as justified on the facts, especially in light of statements indicating an attempt to evade duty. On valuation, the Department&#039;s report was rejected because it relied on Indian market value and did not correctly value the goods; once discarded, no reliable evidence remained to support a higher assessable value. The burden to prove valuation continued to rest on the Department, and the High Court&#039;s view was left undisturbed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=266500</link>
      <description>Imported consignments were found, on expert examination and the Department&#039;s own material, to consist largely of unused, serviceable zinc articles rather than scrap, so confiscation under Sections 111(d) and 111(m) of the Customs Act, 1962 was treated as justified on the facts, especially in light of statements indicating an attempt to evade duty. On valuation, the Department&#039;s report was rejected because it relied on Indian market value and did not correctly value the goods; once discarded, no reliable evidence remained to support a higher assessable value. The burden to prove valuation continued to rest on the Department, and the High Court&#039;s view was left undisturbed.</description>
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