2008 (10) TMI 416

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. -  This is an appeal against the order of the Commissioner No. 3/2006 dated 16-1-2006. 2. Heard both sides. 3. The relevant facts, in brief, are as follows : (a)     The appellant imported goods and filed bill of entry No. 474284 dated 14-12-05 for clearance of goods weighing 49.03....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ts attract higher duty at 20% BCD. (d)    After the examination revealed the discrepancies were noticed, the importer intimated that they had since negotiated the prices with the supplier and that the supplier had agreed to reduce the price to US $ 455 PMT and agreed to give credit note of US $ 19,507. (e)     Commissioner held that the value for assessment....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y. Further, there was import of secondary prime tin sheets at prices lower than the price at which they have claimed assessment. He sought for leniency in imposing fine and penalty and for acceptance  reduced price of US $ 455 PMT. 5. Learned DR submits that this is a deliberate ploy to import high rated items in the guise of low rated items. The import has taken through non-specified....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lear violation of Section 46(1). 6.2. The prime grade tin sheets though may be costlier than the secondary tin sheets, but they carried only 5% basic customs duty as against 20% basic customs duty on the secondary sheets. The incentive for misdeclaration is clearly evident. 6.3 Seconds and defective items are subject to wide fluctuation in value. The value of such items depends on ....