TaxTMI 
TaxTMI 
2016 (4) TMI 368
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....ck" imported from China. Alongwith the said bills of entries, the appellants filed all the requisite documents in the shape of Exporter Invoice, Packing List, and Country of Origin Certificate as also Bill of Lading etc. The said goods were examined, at the time of clearance and the appraisal entertained a view that the goods were of prime quality and not of 201 "Ex Stock". It was also noticed that in respect of one of bills of entries, the weight was in excess to the tune of 779 kgs. over the declared weight. 2. On the above basis, proceedings were initiated against the appellant by the way of issue of show cause notice for enhancement of the value of the imported goods, on the basis of the NIDB Data as also on the basis of the invoices, ....
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....l as compared to the total weight of the impugned goods, the gravity of main allegation of mis-declaration is much less. Further more, the involvement of the Director has not been brought out and his involvement is being presumed. By observing so, he reduced the penalty to Rs. 25,000/- on the firm and Rs. 5,000/- on the Director. 4. As regards valuation, he observed as under :- "13. The appellant has contested the enhancement of value on the basis of NIDB data on the ground that there is no comparison of quantum of import, quality of goods, relation between the buyer and the seller etc. But the appellant ha snot brought out any evidence to show that there was any other date of import of similar goods at the same or lower value whereas th....
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....ing the above arguments, learned DR appearing for the Revenue submits that the goods were found to be of prime quality by the examiner, at the time of examination of the goods and said fact, by itself, is indicative that the value of the imported goods should have been on the higher side. In these circumstances the adoption of NIDB data, which is nothing but compilation of the correct value of identical goods is appropriate. As such, he prays for upholding the impugned orders. 7. Having appreciated the submissions made by both the sides and having gone through the impugned order, we find that the findings of the lower Authorities that the goods were of prime quality instead of the same being Grade 201 Ex Stock are depending upon the visu....