1998 (9) TMI 267

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....age rating not exceeding 13.5 volts and output not exceeding 20 volts and other than Audio Cassette Recorder or Record Player, was imported by the respondents, M/s. Swami Narayan Electronics. On an information that the goods were misdeclared in description and undervalued, the same were examined in the presence of the importers' representative and were found to be D.C. Micro Motor 6 volt Model No. MMI-6 S6 RK of Singapore origin. The matter was taken up for adjudication. The Additional Commissioner levied the higher rate of duty of Rs. 13 per piece plus 50% Aux. Duty plus 25% Countervailing Duty and 10% Special on Countervailing Duty, on the ground that the Micro Motors in question were suitably for use on tape deck mechanism correctly clas....

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....onics is not correct. There is no evidence whatso- ever to show that the invoice price does not reflect the true value of the goods. As such the order of enhancement of CIF value, passed by Additional Collector, is not maintainable and the same is set aside in the absence of sufficient corroborative evidence to prove that the values reflected in the invoices are not the correct value of the goods. The invoice value must be accepted under Rule 3 of the Valuation Rules of 1988 for purposes of assessment to duty. Lastly, I do not find any evidence of deliberate attempt by the importer to evade payment of customs duty by mis-declaring the goods. As such imposition of penalty is not justified and the same is set aside. The present appeal is disp....