2017 (5) TMI 929

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.... V R Reddy, Assistant Commissioner (AR) for the respondent ORDER Per: C J Mathew M/s Sagar Impex challenges the confiscation of 4247.56 carats of rough diamonds sought to be exported vide shipping bill no.4203 dated 28^th December 2004 but allowed to be withdrawn from export subject to payment of redemption fine of Rs. 10,00,000 and imposition of penalty of Rs. 3,00,000. The exporter had ....

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....inal no.COMMR/PVR/ADJN/19/2005-06 dated 29^th March 2006, confiscated the goods leading to this appeal before us. Appellant contends that the directions of the Tribunal to determine the value had not been complied with. It is also the contention that the original authority had not considered their submission that the diamonds were part of a lot that had been imported earlier and, being exported as....

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....he adoption of the value recommended by the 'trade panel' would, therefore, not be in consonance with the directions of the Tribunal. 4. The adjudicating authority has enhanced the value to that recommended by 'trade panel' but he yet appears not be without doubts about this value for, in spite of allowing redemption of the confiscated diamonds on payment of fine of Rs. 10,00,000, apprehension ....

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....s quite clear from the findings of the original authority that an enhancement of value by customs authorities in the shipping bill or bill of entry does not carry with it the concomitant obligation to repatriate or remit the differential value from, or to, the buyer, or supplier, respectively. In the circumstances, the disallowance of exports even after imposition of redemption fine is not justifi....