2017 (10) TMI 760

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....pellant Shri B. Balamurugan, AC (AR), For the Respondent ORDER Per: Bench The issue in dispute in this appeal relates to import of "old and used photocopiers" vide Bill of Entry dated 10.7.2007. Pursuant to inspection by local Chartered Engineer, the declared value of Rs. 12,34,784/-(C&F), was proposed to be rejected and enhanced to Rs. 19,61,369/- (C&F). It further appeared to the dep....

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....e on payment of fine of Rs. 5,50,000/-. Penalty of Rs. 4,50,000/- under section 112 (a) ibid was also imposed on the importer. On appeal, lower appellate authority vide impugned order dt. 20.11.2008 upheld the order of original authority. Hence the appeal before this forum. 2. Today, when the matter came up for hearing, on behalf of the appellants, Shri A.K. Jayaraj, Ld. Advocate, submits that ....

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....ngly, the provisions of section 111 (d) will not be applicable in this matter. However, there is under declaration of value particulars requiring enhancement of assessable value by almost 60% and hence the goods will become liable for confiscation under Section 111 (m) of the Act. However, taking into account all factors in particular, the aspect of the goods not being restricted at the time of th....