2016 (11) TMI 1518

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....am, Advocate, for the Appellant. Shri K. Poddar, DR, for the Respondent. ORDER [Order per : Archana Wadhwa, Member (J)]. - After hearing both the sides duly represented by Ms. Vidushi Subham, ld. advocate for the appellant and Shri K. Poddar, ld. Departmental Representative for Revenue, we find that the dispute in the present appeal relates to the valuation of memory cards of 2 GB and 4 G....

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....confiscated the goods and gave option to redeem the same on payment of redemption fine of Rs. 1.90 lakh. 3. The contention of the appellant is that though there was misdeclaration, but the same was not intentional inasmuch as the declaration of the value was based upon the invoices raised by the foreign supplier. As such, she submits that it is not a case for imposition of penalty or for c....

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....rson has to be gathered from the circumstances. The appellant very well knew that the value of the goods was much on the lower side as they themselves imported the same at a higher value vide previous Bill of Entry. As such, it was their legal obligation to declare the correct value in the Bill of Entry. As such, we are of the view that the differential customs duty as also the imposition of penal....