TaxTMI 
TaxTMI 
2017 (7) TMI 668
X X X X Extracts X X X X
X X X X Extracts X X X X
....under DEPB and partly under import rate of duty. Unit price was declared as US$ 0.30/mtr (CIF). In assessment, Appraising Group enhanced the unit price to US$ 0.40 per mtr based on contemporaneous import prices. Subsequently, goods were examined by SIIB on 02.02.2005 when they were found to be of Korean origin. It further appeared to the department that value of stock lot was also doubtful. Goods were placed under seizure. Based on local market enquiry made by SIIB, CIF was worked out to be Rs. 26.89 i.e. US$ 0.61/metre. Importers vide letter dt. 05.04.2005 requested to adjudicate the case without issue of SCN but with personal hearing. In adjudication proceedings, original authority redetermined the assessable value at US$ 0.45/metre, conf....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d have gone through the facts. 5.1 Issues that are in dispute in this matter concern the effect of non-issue of notice under Section 124 of the Customs Act, 1962 and propriety of enhancement of value of the imported goods. 5.2 On the dispute relating to non-issue of SCN, no doubt whenever goods are seized, as per provisions of Section 110 (2) ibid a show cause notice is required to be issued within six months under Section 124. Further as per the provisions of Section 124, no order confiscating any goods or imposing any penalty on any person can be made unless such person is inter alia issued with a notice in writing under that section. These are mandatory requirements under two sections under the Customs Act. Nonetheless, while Section 1....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nded by their legal representative. Viewed in this light, we are unable to find any infirmity with the findings of the lower appellate authority that appellant was clearly put on oral notice at their own request, scrupulously following legal provisions as laid down in Section 124 of the Customs Act, 1962 and consequently invoking provisions of Section 110 (2) of the Customs Act would be reduntant in the peculiar facts and circumstances of the case. 5.4 Coming to the enhancement of value, it is seen that in the first instance, Appraising Group had enhanced the declared value of US$ 0.30 / mtr CIF to US$ 0.40 /mtr based on contemporaneous import prices. No doubt subsequently, pursuant to SIIB investigation, it was proposed to enhance the val....