2017 (7) TMI 703

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....erred to as importers) 2. Brief facts of the case are that importers had imported goods declared as "mixed plain plastic film rolls" of cuts/odd sizes (stock lot). It appeared to the department that goods imported were BOPP film which attracted higher value. Hence, proceedings were initiated by the department by issue of show cause notices to both importers. In the adjudication proceedings w.r.t. Mahavir Enterprises, original authority reclassified imported goods as BOPP film falling under CTH 39202010, enhanced assessable values in respect of imported goods, confirmed consequential demand of differential customs duty alongwith interest thereon. Original authority also imposed redemption fine of Rs. 15.00 lakhs under section 125 of Custo....

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....o.102 & 103/2009(H-II)Cus, dt. 18.12.2009, allowed their appeals also on similar grounds, with consequential relief. 5. Aggrieved, the department has filed these appeals. 6. On 13-06-2017, when the appeals came up for hearing, on behalf of the appellant department, Ld. AR Shri P.S. Reddy reiterated the grounds of appeal, and also made oral submissions, which may be summarised as follows: (i) The importers explanation before appellate authority regarding the imported goods being stock lot in the form of off cuts/odd sizes is false and denied in view of the fact that on physical verification, each of the rolls were found to contain a single running piece. (ii) Though in general trade parlance BOPP film is called as Plastic film, t....

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....a dispute or a doubt on such transaction value. These rules provide for the manner and method of determining the assessable value in different circumstances. Evidently, such proceduralities are enjoined to eliminate any adhocism or arbitrariness while determining one an enable value. Value of identical imported goods can very well have different transaction values depending on whether the imports are a one time transaction or are one in a series of continuous imports, whether the goods are from a prime lot or stock lot and so on. 9.4 The claim of the importers in these appeals is that the imported goods are from stock lot, hence the lower transaction values. Curiously, no evidence has been brought forth by the department to disprove such....