2014 (11) TMI 326

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.... coin cell type watch batteries of Maxell Brand falling under CTH 85068090 in bulk from the overseas supplier at Singapore. The Bill of Entry was taken up for investigation by Docks Intelligence Unit (DIU) and the respondents did not accept the value declared by the petitioner. Therefore, a show cause notice under Section 124 and demand notice under section 28 of the Act was issued on 13.5.2014, calling upon the petitioner, to show cause as to why (i)Retail Sale Prices declared for the consignment in question should not be considered as a wrong declaration and should not be rejected and the declared goods should not be confiscated under section 111(m) of the Act; (ii)differential duty amounting to Rs. 4,77,092/- should not be demanded and r....

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....and the same was rejected; the Retail Sale Prices was redetermined; differential duty of Rs. 4,77,092/- was directed to be recovered from the petitioner; confiscation of goods having a total assessable value of Rs. 12,69,374/- was ordered, however, redeem the same on payment of redemption fine of Rs. 1,00,000/- under Section 125 of the Act; and penalty of Rs. 50,000/- levied on the petitioner company and Rs. 10,000/- on the Proprietor of the petitioner company was imposed under Section 112(a) of the Act. 4. The learned counsel for the petitioner submitted that as against the Order-in-Original dated 1.7.2014, the petitioner preferred an appeal before the Commissioner of Customs (Appeals) and the same is pending consideration. It is the cont....

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....uestion and therefore, the authority concerned has enhanced the assessable value of the goods to Rs. 12,69,374/-, the correctness of the order-in-original is subject to the outcome of the appeal, pending consideration by the Commissioner of Customs (Appeals). As the consignment in question are not prohibited or restricted items, this Court is of the view that the petitioner should be granted permission to clear the consignment in question, subject to the following conditions: (i) the petitioner shall pay duty as per the value declared by them, which according to the petitioner, was already paid; (ii) the petitioner shall pay the differential duty of Rs. 4,77,092/-; (iii) the payment of redemption fine of Rs. 1,00,000/- and penalty of Rs.....