2004 (6) TMI 347

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.....A. Mishra, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. -  This appeal is directed against the confiscation of a consignment of Batteries imported by the appellant. The appellant filed Bill of entry No. 155017, dated 6-11-2000 at Bombay Customs. The goods were declared in the Bill of entry as under :- "AA Size Battery (Hi-Watt-Republic China) Not rechargeable C&F ....

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.... The per piece price, declared in the invoice for the two varieties were US $ 0.0295 and US $ 0.2315. The Customs authorities also felt that the value declared was also false and too low. They initiated confiscation and other proceedings. The impugned order has noted that the "floor prices noticed in the Customs for the two varieties were 0.1609 and 0.2140 and the approved valuation for the batter....

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....Rs. 1.85 lakhs as against the declared value of about Rs. 34,000/-. The redemption fine of Rs. 90,000/- was imposed. So also a penalty of Rs. 15,000/-. The appellant took up the matter before Commissioner (Appeals). That Commissioner found no merit in the case. 4. In the present appeal, the explanation of the appellant is the same. We have perused the records and have heard both sides. We ....