2008 (1) TMI 74

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....rd and hearing both sides, we are of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit and allowing the application for out-of-turn hearing, we take up the appeal. 2. The appellants had filed a bill of entry dated 24-8-2007 for clearance of goods declared as 'adhesive coated rolls' imported from China. The declared q....

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....rice"). By applying the prevailing exchange rate, including 1% landing cost etc., the authorities worked out the assessable value at Rs. 38,33,026/-. When confronted with a proposal to demand duty on this basis and to confiscate the goods on the ground of misdeclaration, the party waived show-cause notice and personal hearing and requested for early lenient decision. Accordingly, the Commissioner ....

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....o arrive at the correct assessable value through the process of sequentially applying Valuation Rules. However, in the present case, an assessable value was worked out merely on the basis of a letter of the DRI, which allegedly furnished the 'international price' of the goods. This exercise of the Commissioner has come under attack in this appeal. In this connection, learned Consultant has relied ....

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.... to have misdeclared the weight of the goods with intent to evade duty. This finding is enough to set aside the confiscation ordered by the Commissioner under Section 111(m) of the Act and attendant consequences. As regards assessable value, again, we are not able to accept the decision of the Commissioner, which is arbitrary. In case the declared value was not acceptable, it was open to him to de....