2018 (1) TMI 1059

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....R Per Bench The brief facts of the case are as under:- i) The appellants have ordered for supply of a consignment of Heavy Melting Scrap . The Pre-shipment inspection Certificate sent by the supplier and the scanned copy of the Bill of Lading forwarded by the supplier showed the description of the goods as Heavy Melting Scrap . But, the surrender Bill of Lading meant for receiving delivery ord....

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....uty of about Rs. 9,50,00/-, the Original Authority has imposed redemption fine of Rs. 3,00,000/- and imposed penalty of Rs. 2,00,00/- on the appellants. 2. Ld. Advocate, Shri S. Sankaravadivelu, appeared on behalf of the appellants and submitted that the appellant is not contesting the demand of differential duty and is confining the challenge in the appeal on the redemption fine and penalties im....

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....t to contest the issue of re-determination of the value of the impugned goods but they only pray for reduction in fine and penalty imposed, keeping in view, the demurrage and detention charges incurred by the appellants. 3. On the other hand, the Ld. AR, Shri B. Balamurugan, AC, submitted that since the description of the goods in the subject Bill of Entry was misdeclared as Heavy Melting Scrap a....

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....ken as the declared value and rejected the declared value under Rule 12 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 2007. He arrived at the re-determined value with the assistance of the Chartered Engineer s report for fixing the value of seized consignment of non-alloy steel pipes and channels-seconds instead of Heavy Melting Scrap. However, the appellant is not con....