TaxTMI 
TaxTMI 
2011 (7) TMI 825
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....edemption fine of Rs. 2 lakhs. In addition he has rejected the assessable value of US$ 185 per MT declared by the appellant and has enhanced the same to US$ 420 per MT and has accordingly confirmed customs duty of Rs. 2,88,441/-. Penalty of equal amount stands imposed on the applicant under the provisions of Section 114A of the Customs Act, 1962. 2. As per facts on record the appellant filed a bill of entry on 10-10-06 declaring the goods as mixed fatty acids and the assessable value of the same as US$ 185 per MT CIF. The two containers of 37.00 MT of mixed fatty acids were examined by the officers and three representative samples were obtained from the same. The goods were put under seizure on the reasonable belief that the same ha....
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....; Shri Rakesh Kumar, an indenting agent for Palm Fatty Acid Distillate for various importers in India and several Malaysian firms, in his voluntary statement dated 3-11-2006, inter alia, stated that the prices of PFAD (Palm Fatty Acid Distillate) was around US$ 340 PMT in the Malaysia; that the landed cost of PFAD in India was around US$ 440 PMT which includedUS$ 340 PMT for the goods, US$ 50 PMT for drumming and US$ 50 PMT as freight charges; that the local importers and traders asked him to arrange the invoices at price in the range of US$ 180 PMT for mixed acid oil and US$ 210 PMT for PFAD; that accordingly, he contacted the suppliers in Malaysia to issue invoices in the range of US$ 210; and that the suppliers agreed o....
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....es to US$ 417.88 PMT. Therefore, the average actual price in US$ of Palm Fatty Acid Distillate comes to US$ 420 PMT (CIF). (e) Representative samples were drawn from the containers imported under bill of entry No. 540998 dated 10-10-2006 and were sent to Central Revenue Control Laboratory (CRCL), New Delhi for chemical test and analysis. CRCL in their test reports reported that the goods covered by the above bill of entry were having the characteristics of Fatty Acid. (f) Shri Raghuvar Dayal, Proprietor of M/s. HK International in his voluntarily statement dated 26-12-2006 recorded under Section 108 of the Customs Act, 1962 has inter alia stated that his firm M/s. HK International ....
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....e only agreed to pay duty at the enhanced value so as to get the release of the goods and to avoid further demurrage charges. 7. Learned advocate has also placed reliance on various decisions of the Tribunal laying down that in the absence of any evidence reflecting upon the under valuation of the goods, the transaction value has to be adopted. 8. After going through the evidences relied upon by the Commissioner, we fully agree with the learned advocate for the appellant that the said evidences are in the nature of general evidences and not relatable to the import made by the appellant. The statements of the two indenting agents are general in nature indicating that the landed price of the fatty acids is around US$ 440. In n....