2013 (5) TMI 711

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....pondent. ORDER The respondent imported one consignment of goods declared by them as "Semi-Refined Paraffin Wax" in bill of Entry No. 000001, dated 13-1-2006 filed at ICD Raipur. The supplier's name was declared as M/s. Hubai Shiyun Chemical Import and Export Co. Ltd., Wuhan, China and the value was declared as US $ 550 PMT. 2. The Revenue was of the view that price declared was low and th....

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....tice, dated 3-4-2007 the matter was adjudicated demanding differential custom duty of Rs. 1,27,616/- along with interest. Further a penalty of Rs. 1,27,616/- was also imposed on the respondent under the Section 112 of the Custom Act. 5. Aggrieved by the order the respondent filed an appeal with Commissioner (Appeal). The Commissioner (Appeal) was of the view that Revenue had not been able to es....

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....e oil content of the impugned goods was 1.2% only, the goods should be treated as refined paraffin wax and therefore, the declaration made by the respondent in the bill entry was with the purpose of declaring low price for assessment custom duty. Once mis-declaration is established, Rule 10A of Customs Valuation (Determination of Value of Imported Goods) Rules, 1988 authorized rejection of transac....

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....ficate of analysis issued by the exporter showed the oil content to be 1.5% Max. and on testing it was found to be 1.2% which was consistent with the declaration. 10. Further we also note that the real issue in this case is not the description of the goods per se because even if the goods are Semi- Refined Paraffin Wax, there is no prohibition on its import. Revenue is trying to establish their....