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2005 (9) TMI 465
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.... Shri S.N. Kantawala, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The respondents herein imported a consignment of Tungsten Carbide Scrap Tool Form serviceable/defective and claimed clearance under OGL under Bills of Entry filed by them, which was objected to on the ground that the goods were subject to 1st check examination and found to be "old ....
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....r Section 112(a) of the Customs Act. The value of the goods was enhanced to US$ 4,510 per MT under Rule 8 of the Customs (Valuation) Rules, 1988 i.e. best judgment method, taking value of insurance namely, 110% of the CIF value (declared unit price was US $ 3565 per MT was rejected). The Commissioner (Appeals) held that the adjudicating authority has not clearly set out how there is any mis-declar....
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....scrap as "Metal waste and scrap from the manufacture or mechanical working of metals, and metal goods definitely not usable as such because of breakage, cutting-up. wear or other reasons". Therefore, confiscation under provisions of Section 111(d) is justified and set aside the Commissioner (Appeals)'s finding that there is no mis-declaration of the goods. 3. Coming to the charge of mis-de....