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    <title>2026 (6) TMI 266 - CESTAT CHENNAI</title>
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    <description>Declared transaction value of mixed used garments could not be rejected merely because it appeared lower than other imports, as no reliable evidence of identity or similarity of the comparable goods or of additional consideration was shown; the valuation enhancement was therefore unsustainable. The import remained liable to confiscation for being restricted and brought without the required licence, but confiscation under misdeclaration provisions failed once the value enhancement was dislodged. In the absence of deliberate suppression or fraudulent intent, the redemption fine and penalty were moderated to remain proportionate to the proven circumstances, with the fine reduced to 10% of declared value and the penalty sustained at 5%.</description>
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      <description>Declared transaction value of mixed used garments could not be rejected merely because it appeared lower than other imports, as no reliable evidence of identity or similarity of the comparable goods or of additional consideration was shown; the valuation enhancement was therefore unsustainable. The import remained liable to confiscation for being restricted and brought without the required licence, but confiscation under misdeclaration provisions failed once the value enhancement was dislodged. In the absence of deliberate suppression or fraudulent intent, the redemption fine and penalty were moderated to remain proportionate to the proven circumstances, with the fine reduced to 10% of declared value and the penalty sustained at 5%.</description>
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