2015 (12) TMI 786

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....or the Appellant. Shri Amresh Jain, AR, for the Respondent. ORDER After hearing both the sides, we find that the appellants imported a consignment of old and used tyres with a declared value of Rs. 5,72,765/-. Inasmuch as the importation of used and old tyres is restricted and requires a licence in terms of the Foreign Trade Policy, the consignment was not cleared by the Customs, as the a....

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....oduction of the licence. The Adjudicating Authority also enhanced value to Rs. 15,87,652/-. He further confiscated the goods with an option to the assessee to redeem the same on payment of redemption fine of Rs. 3 lakhs and imposed penalty of Rs. 50,000/-. 4. On appeal against the above order, the Commissioner (Appeals) upheld the violation of the provisions of the Foreign Trade Policy. Ho....

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....mits that the same is negligible being to the tune of 24 pieces. As regards valuation, he submits that the Revenue has not been able to produce any evidence to first reject the transaction value. He accordingly prays for setting aside the enhancement and reducing redemption fine and penalty on account of violation of Foreign Trade Policy. 7. Ld. DR appearing for the Revenue reiterates the ....

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....ue by observing that the appellant has not produced any evidence to substantiate the same. We find no merits in the above reasonings of the Commissioner (Appeals). The appellant having produced the invoice, in support of its declared value, has done his part of the duty. If the Revenue is not happy with the said declared transaction value, it is they who have to produce the evidence. There being n....