1995 (11) TMI 257

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....against REP Licence issued under Export-Product Group 0-1 valid for import of lining and interlining material excluding nylon, taffeta and coated fabrics. The goods were examined by the Customs and further investigations were taken up as there was receipt of intelligence by the Customs of misdeclaration as regards the value and description of the material imported. Investigation revealed that the fabrics imported are sold or offered for sale as suitings in the trade circuit . They are not lining or interlining material as declared in the import documents. Show cause notice was issued and proceedings initiated against the appellants for confiscation of the goods for unauthorised import as well as for enhancement of the value of the goods.....

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....ts in the matter, the Additional Collector concluded that the goods under import are not lining/inter-lining material but are really shirting/suiting material and, therefore, are not covered by the import licence produced by the appellants. On valuation, the Additional Collector held that since the Customs House could not come across any contemporary import of this material, resort could be made to the Valuation Rules under Section l4(l)(b) of the Customs Act, 1962 under the best judgment Rule of Valuation based on the price of another import and fixing of the assessable value is fair considering 25% reduction has been given for the purpose of difference in quality of the imported goods. The additional Collector confiscated the goods and im....