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2016 (7) TMI 484

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....that the appellant is a merchant-importer and had imported a consignment of "High Speed Steel Scrap" Tools weighing 18.00 MT from M/s Daiichi Motors, Dubai, U.A.E. and accordingly, had filed the B/E No. 501649 dated 17/07/2009 seeking clearance of the same under Customs Tariff Heading 7204 29090. The goods were subjected to 100% examination twice by the Govt. Approved Chartered Engineer. The examinations of the said lot of "High Speed Steel Scrap" led to revelation that the consignment consist of three types of items, valued at different Fair market Price (FMP) by the Chartered Engineer as under : (a) Old & used (Damaged) HSS Tools-4750 Kgs. valued @ Rs. 58/- per kg. (b) old & used HSS Tools-7600 kgs. valued @ Rs. 115/- per kg. (c) Ne....

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....t chance. It is seen that the notice was issued to the appellant as well as to their Counsel, Mr. Nitin Sen. The notice issued on the Id. Counsel, is served, but the notice issued on the appellant, has been returned un-served with postal remarks "Addressee not found at the given address" 5.  We find that in column 6 of the appeal memorandum, the address of the appellant had been given, accordingly, the notice was sent to the said address and as such, in absence of any request for adjournment, the appeal is taken up for hearing ex-parte. 6.  Heard the Id. A.R. for th3e Revenue and perused the records. 7. The issue in this appeal is whether the impugned order is cryptic as the Court below have ignored the material on record, in f....

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....isting of 8 pellets @ Rs. 115/- per Kg amounted to Rs. 8,74,000/- (c) For packed tools in card board cartons 1650 tools of butt weld end 'mill weighing 5700 Kgs @ Rs. 1375/- each amounted to Rs. 22,68,750/- Such valuation on being disputed by the appellant-importer, the Authority again called for a second opinion from Mr. Sanjeev Kumar, Valuer, Positech Solutions, who after inspection vide his report dated 22.8.2009 opined that the consignment consists of mostly used or surplus new tools. These tools cannot be sold in the market as the new tools price list value, as most of them are non-standard tools and cannot be used on Indian machine. In this opinion, the value of the goods is Rs. 160/- to 200/- per Kg. in the open market. From the p....