TaxTMI 
TaxTMI 
2017 (6) TMI 696
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....urisdiction over the port of import. On the basis of the invoice issued by the overseas supplier, the appellant had indicated the per unit value of imported goods (US$ 0.08 i.e. Rs. 3.66) for the purpose of assessment of the duty liability. On scrutiny of the documents, it was revealed by the Department that the value of imported goods declared by the appellant is quite low. Accordingly, for ascertaining the correct value of goods, the Customs Department sought information from the President of All India Watch Manufacturers Association, New Delhi., who informed that the price of impugned goods was approximately HK $ 2.25 or Rs. 15/- to Rs. 16/- per piece. On the basis of such report, the Customs Department prima-facie formed the opinion tha....
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.... Hon'ble Calcutta High Court in the case of A.S. Syndicate (Warehousing) Pvt. Ltd. - 2011 (267) E.L.T. 469 (Calcutta). 4. On the other hand, the ld. D.R. appearing for the Revenue reiterated the findings recorded in the impugned order and further submitted that provisional ascertainment of duty done in this case cannot be equated with provisional assessment as prescribed under Section 18 of the Act. Thus, the assessment is not provisional and accordingly, confirmation of duty demand, confiscation of imported goods and imposition of penalties in the adjudication order are in confirmed in the impugned order are in conformity with the statutory provisions. 5. Heard both sides and perused the records. 6. The short question involved in this a....
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....h culminated in the impugned order dated 17.12.2013, in our opinion will not sustainable and will not stand for judicial scrutiny. In this context, the Hon'ble Supreme Court in the case of ITC Ltd. (supra) held that proceedings under Section 11 A of the Central Excise Act, 1944 (perimateria with Section 28 ibid) cannot be initiated without completing the assessment proceedings. The relevant paragraph in the said judgment is extracted herein below:- "17. Section 11A of the Act provides for a penal provision. Before a penalty can be levied, the procedures laid down therein must be complied with. For construction of a penal provision, it is trite, the golden rule of literal interpretation should be applied. The difficulty which may be faced ....