2003 (1) TMI 319

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....for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - M/s. Dhara Enterprises have filed the present Appeal being aggrieved with the Adjudication Order No. 331/2002, dated 22-7-2002, by which the Commissioner has enhanced the value of the goods imported by them and has confiscated the same with an option to redeem on payment of fine of Rs. 7 lakhs besides imposing a penalty of Rs. 70,....

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....al Order No. C/II/ 3378/WZB/2002, dated 15-11-2002 has confirmed the value at the rate of US $ 8 per monitor; that they had declared the value to US $ 12.5 which is even more than the value accepted by the Tribunal in the case of Noor Niryat; that therefore this value declared by them should be accepted. Finally, learned Advocate submitted that the monitors were not liable for confiscation under S....

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....e used by individual by any office, technical institutions, shops, etc., that old and used goods other than capital goods of less than 10 years old are not permissible for import under EXIM Policy without valid licence; that as no valid import licence has been produced by the Appellants, the import is unauthorized and the goods are liable for confiscation; that the redemption fine and penalty are ....

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....wn by the Department. On the other hand, the Appellants have referred to the Tribunal's Final Order in the case of Noor Niryat where the Tribunal has upheld the assessable value of computer monitor of 14" at US $ 8 per monitor. In view of these facts and circumstances, the Revenue has not succeeded in rejecting the transactional value of the impugned goods. Accordingly the impugned Order to this e....