2013 (10) TMI 244

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....: P.R.Chandrasekharan The appeal and Stay petition are directed against Order-in-Appeal no. 240/Mumbai-III/2011 dated 21/11/2011 passed by the Commissioner of Customs (Appeals), Mumbai-III. 2. The appellant, M/s ArtecraftImpex International, Thane, imported through foreign post a sample consignment of turtle shells containing 48 pieces vide BY No. 14309 and under Tracking No. EE129265979ID. ....

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....e arrived at a value by Rs.1,50,000/- for the consignment under import. The adoption of the value by the Customs authorities in this case does not stand to any logic or common sense and, therefore, imposing penalty of Rs.25,000/- on the said consignment is not sustainable in law. Accordingly, he pleads that the penalty imposed on the appellant be set aside or substantially reduced. 3. The learn....

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....ce prevalent in the international market for such turtle shells. In the absence of any such efforts made by the department, the valuation of Rs.1,50,000/- arrived at by the department without any sound basis is not sustainable in law. Therefore, the plea of the appellant that the consignment which they got free-of-cost from the foreign supplier is of value of Rs.3500/- only in the international ma....