2000 (5) TMI 371

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.... JDR, for the Respondent. [Order]. Facts to the case in brief are that a post parcel bearing No. JP-51532/8/99 was received in the Foreign Post Office, Jaipur addressed to M/s. Shubh Gems, 2045, Stone House Pitalion Ka Chowk, Jaipur for which D-Call Notice No. VIII (JFP) 8/99/564 dated 23-8-1999 was issued to the party to submit necessary documents like invoice, I.E.C. No., technical literat....

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....d it was not tallied with export invoice as such trade panel member on emerald was called for the valuation. The valuation of entire consignment of cut and polished emerald was made by the trade panel member on emerald. Valuation of 9 lots which were tallied with export invoice were found to be within the limits of 20% of those of the export invoice. The value of the disputed lot was ascertained t....

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....usand). 3. Arguing for the appellant, Shri K.K. Anand, ld. Advocate submitted that there was no intention on the part of the party to evade customs duty. It was a mistake on the part of the importer in sending excess emerald. This factual position was brought to the notice of the adjudicating authority, in fact since the party did not want the item, he decided to export and re-export was p....

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....he matter. The ratio of the decision of the cases referred to above by the Counsel is clearly applicable to this case. In those cases it was clearly held that there was no justification to impose redemption fine while permitting the importer to export the goods in terms of Section 125 of the Customs Act. In the instant case it is clear from the records that party has no intention to import the eme....