2011 (1) TMI 63

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....SDR PER: M.VEERAIYAN   This is an appeal against the order of the Commissioner No.03/Cus/2007 dated 13.04.2007.   2. Heard both sides.   3. The appellant imported 1635 numbers old and used monitors of different sizes, 319 numbers old and used P-3 system, 93 numbers old and used TV and 41 numbers of old and used laminators and filed bill of entry declaring the value as Rs....

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....he appellant has been imported without a licence issued by the DGFT, he confiscated the goods under 111(d) of the Customs Act but allowed to be redeemed on payment of fine of Rs.5 lakhs and imposed penalty of Rs.5 lakhs on the appellant under Section 112 of the Customs Act.   4.1 Learned Advocate fairly concedes that the goods in question being old and used required import licence and in t....

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.... the enhancement of the value for assessment purpose was not justified. Since the redemption fine and penalty for violation of licensing restriction have been imposed in the light of enhanced value, the same requires to be substantially reduced. 4.4 In support of his submissions, he relies on the decision of the Tribunal in the case of Anish Kumar Spinning Mills vs. CC, Tuticorin reported in 2004 ....

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....he value contained in the overseas chartered engineer certificate. A close reading of the local Charted engineer certificate dated 23.3.2007 indicates that the said report has been issued after conducting local market survey for value of this type of old goods. It is settled legal position that the value of the imported goods cannot be based on the value of the goods in the local market. In the pr....