2014 (11) TMI 111

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.... For the Respondent : Shri M.S. Reddy, Dy. Commr (AR) JUDGEMENT Per: Ashok Jindal: The appellant is in appeal against the impugned order wherein a penalty of Rs. 8,00,000/- has been imposed on them under Section 112(a) and 114 AA of the Customs Act, 1962 for contravention of the provisions of Section 111(d) and 111(m) of the said Act. 2. Brief facts of the case are that the appellan....

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....goods are freely importable and there is no restriction under the Customs Act to import the said goods. As Section 111(d) prohibits importing do not apply to the facts of this case. He further submits that the Section 111(m) of the Act deals with the mis-declaration of the value of the imported goods. In this case, while assessing the goods, the appraiser loaded the value to the tune of 52% on the....

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....nd 111(m) of the Act. Section 111(d) of the Act deals with the provisions of imports of prohibited/restricted goods. Admittedly, in this case the impugned goods are freely importable therefore, I hold that the appellant had not violated the provisions of Section 111(d) of the Act. Further I find that while assessing the goods, 52% of the value has been loaded on the basis of NIDB data therefore, t....