2006 (1) TMI 499

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ena, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - The appellant imported 2,450 pieces of VCD players from Hong Kong and filed a Bill of Entry for clearance of the goods. They were asked to produce the supplier's invoice in support of the declared value of HKD 47, but they failed to do so. In the circumstances, on the basis of Customs records, which indicated USD 18 per s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e the enhancement of value is accepted, there is no room for imposition of redemption fine or penalty. Alternatively, it is submitted that the quanta of fine and penalty imposed by the Commissioner are unconscionably high. Ld. SDR makes submissions in defence of the Commissioner's order. 3. After giving careful consideration to the submissions, we note that, in the case of BNK Intrade (sup....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uch enhancement. It appears to us that this categorical statement, which was never retracted, virtually changed the complexion of the case and the importer stood at a point of no return. In such circumstances, we are unable to apply the cited decision, in the same rigour, to the facts of this case. 4. However, the challenge against the quanta of fine and penalty seems to be well-founded. A....