2018 (9) TMI 1287

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....dvocate) & Shri Pravesh Bahuguna (Advocate) for the Appellant (s) Shri Pawan Kumar Singh (Supdt.) (A.R.) for the Revenue ORDER Per Mrs. Archana Wadhwa : After hearing both sides we find that the appellant imported a consignment of Aluminium scrap classified as tough/taboo as per ISRI from M/s. Dubai Scrap Trading, Sharja, UAE and filed a Bill of Entry dated 14.06.2003 declaring the goo....

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.... and to impose penalties. The show cause notice culminated into an order passed by the original adjudicating authority enhancing the value and consequent differential duty of Rs. 87,043/-. Further the goods were also confiscated with an option to the appellant to redeem the same on payment of redemption fine of Rs. 3.50 lakhs and penalty of Rs. 50,000/- was imposed under section 112 of the Customs....

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....ade to the foreign supplier. 4. Though the ld.Advocate has drawn our attention to various precedent decisions of the Tribunal, but we find that an identical case of the same assessee was dealt by the Tribunal in the case of Vardhaman Sales Agency and vide its Final Order No.70439-70440/2018 dated 10.01.1018, the charges of mis-declaration and the consequent enhancement of value were set aside b....

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.... which is actually paid an din a case the price is not sold consideration and if the buyers and sellers are related person then after establishing that the price is not sole consideration, the transaction value can be rejected and taking other evidences into consideration, the assessable value can be arrived at. We do not find any such exercise being undertaken in the present case for enhancement ....