2018 (7) TMI 1801

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....h respect to import of "Old and Used Tyres". Appeal No. C/59922/2013-CU[DB] 2. Brief facts of the case are that M/s S.K. Enterprises, imported 'Old and Used Tyres' of different sizes and filed Bill of Entry No.9258109 dated 08.02.2013. It appeared to Revenue on examination of the goods by independent Chartered Engineer that the tyres were in re-usable condition and also that declared CIF value of Rs. 36,98,449.62/- needed upward revision. Therefore, through Order-in-Original dated 08.03.2013 Original Authority enhanced the CIF value of said goods to Rs. 46,16,405/- under Rule 9 of Customs Valuation (Determination of value of imported goods), Rules, 2007 issued under Section 14 of Customs Act, 1962. Further it was held that the....

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....earned AR who has supported the impugned Order-in-Appeal. 5. Having considered the rival contentions and on perusal of record, we find that under similar circumstances this Tribunal had imposed redemption fine of 15% and penalty 10% of the re-determined value and said order was not interfered with by the Hon'ble High Court of Allahabad in Customs Appeal No.278 of 2015. Following the precedent ruling in the present case also we modify the impugned order by reducing the redemption fine from Rs. 9 lakhs to 15% of re-determined value i.e., Rs. 46,16,405/- and reduce penalty from Rs. 7 lakhs to Rs. 4,61,641/-. The impugned order stands modify to the above effect. In above terms the appeal is allowed without interference in re-determined a....