AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2013 (9) TMI 704
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....d a bill of entry no.18/06 dated 6.2.2006 for clearance of the goods for home consumption through their CHA. The goods were examined 100% in presence of the officers of the Directorate General of Revenue Intelligence. On examination, it was found that in respect of certain items, viz. FSL Bulb and Halogen Bulb, retail sale price at which the same were to be sold was required to be affixed prior to their clearances, but the same had not been affixed. On the aspect of the value also, the officers were of the view that since per kg. price of the goods is much less than the prevailing prices of the raw materials - plastics, stainless steel, H.R. Sheets, copper, aluminum, Galvanised Iron Sheets and glass, the declared valued is not correct. In t....
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....cted and the assessable value was enhanced to Rs.7,18,890/- and the demand for differential duty was confirmed on this basis. Besides this, imported goods were held to be liable for confiscation under Section 111(d) & 111(m) but since the same had been released against PP Bond, the appellant firm was directed to pay an amount of Rs.1.5 Lakhs towards redemption fine in lieu of the confiscation. Besides this, while penalty of Rs.1.5 Lakhs was imposed on Om International under Section 112(a), a penalty of Rs.50,000/- was imposed on Shri M.K. Gupta, Proprietor. An amount of Rs.3.5 Lakhs deposited by the appellant prior to issue of the show cause notice was ordered to be brought towards customs duty demand, redemption fine and penalty. 1.3 On a....
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....evailing wholesale price of the imported items has been taken as the basis for determining the value of the goods, in question, had imported the goods which are 'similar goods' or 'like goods' within the meaning of these terms, as defined in the Customs Valuation Rules, that neither the impugned order nor the order-in-original mentions the name of the wholesale dealer of the Firozabad, who has given this report, that when the very basis for rejecting the declared value is incorrect, neither confiscation of the goods for mis-declaration of value under Section 111(m) nor the demand of differential duty is sustainable, that the goods are also not liable for confiscation under Section 111(d) and that the impugned order, therefore, is not sustai....
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....Rule 4 of the Valuation rules are not satisfied or in terms of the provisions of the Rule 12 of the Valuation Rules, the proper officer has reasons to believe that the declared transaction value is not acceptable and in this regard, an order has been passed by following the prescribed procedure. In this case, the impugned order does not discuss as to why the declared transaction value is not acceptable in view of the provisions of sub-rule (2) of Rule 4 of the Valuation Rules and whether there are doubting any valid goods for doubting the declared value. The basis for rejecting the value in the impugned order that the declared value is less than the average price of the raw materials - plastic, glass, metals, etc, is totally incorrect, as t....
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.... pre-packaged form. The impugned order while holding the FSL bulbs and Halogen bulb as liable for confiscation under Section 111 (d) does not give any finding as to whether the goods imported were in bulk packages and in pre-packaged form meant directly for sale to ultimate consumers. Unless the imported goods were in pre-packaged form meant directly for sale to ultimate consumers, the provisions of Note 5(e) of the General Note of the Foreign Trade Policy read with Section 111 of the Foreign Development and Regulation Act, 1992 would not be applicable. On this point, there is no finding of the Commissioner (Appeals) or of the Original Adjudicating Authority. Therefore, for deciding the question of liability to confiscation of the FSL Bulbs....