TaxTMI 
TaxTMI 
TaxTMI 
2019 (2) TMI 1119
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....3,72,355/- (Rupees Eighty Three Lakh Seventy Two Thousand Three Hundred Fifty Five only) under Rule 5 of CVR, 2007. (iii) I confiscate 561.73 MTs of 'Rough marble blocks', imported vide 05 Bills of Entry detailed at para 1 above having a collectively re-determined value of Rs. 91,94,288/- (Rupees Ninety One Lakh Ninety Four Thousand Two Hundred Eighty Eight only) under Section 111(d) & 111(m) of Customs Act, 1962. (iv) However, I give an option to the importer to redeem the goods having a total collectively value of Rs. 91,94,288/- (Rupees Ninety One Lakh Ninety Four Thousand Two Hundred Eighty Eight only) on payment of fine of Rs. 32,00,000/- (Rupees Thirty Two Lakh only), in lieu of confiscation under Section 125(1) of the Customs Act, 1962. In case the option to redeem the goods is exercised by the importer, the impugned goods will be released only after payment of appropriate duty as applicable. The redemption option is to be exercised by the importer within 30 days from the date of issuance of this order. (v) I impose a penalty of Rs. 10,00,000/- (Rupees Ten Lakh only) on the importer i.e. M/s. Foremost Marble Private Limited under Section 112(a) of the Customs Act, 1962....
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....profit, hence the order imposing the redemption fine is bad in law. 4.1 We have heard Shri Jhamman Singh Advocate for the Appellants and Shri Ramesh Kumar, Assistant Commissioner (Authorized Representative) for revenue. 4.2 Arguing for the Appellant learned Counsel submitted that this Tribunal has in following decisions held that there was no justification for redetermination of the assessable value in the present case as in all the cases the declared CIF value was much above the floor price prescribed by the DGFT. He relied on the following decisions - i. Marble Art [2013 (289) ELT 346 (T)] ii. Pushpanjali Silk Pvt Ltd [2009 (238) ELT 135 (T Chennai)] iii. Agarwal Marbles India (P) Ltd [2017 (350) ELT 262 (T)] iv. R K Marble Pvt Ltd [2009 (245) ELT 383 (T-Del)] 4.3 Learned Authorized Representative, submitted that Commissioner was correct in enhancing the value of the goods imported on the basis of the values noticed in case of contemporaneous imports. He referred to para 10 to 12 of the order of the Commissioner, where Commissioner has recorded the reasons for rejection of the declared value and for enhancement of the same. He also referred to para 8 of the order where Com....
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....actors (supra) which has been relied upon by the Mr. Vellapally appearing for the assessee as also by the first appellate authority, it has been held that the transaction value has to be accepted subject to the exceptions contained in Rule 4(2) of the Rules by recording special or extraordinary reasons. Neither the adjudicating authority nor the Tribunal has recorded such reasons. Instead of referring to all the above decisions of this court, we may refer to a decision of this Court in the case of South India Television (P) Ltd. (supra) wherein it has been held: "........Therefore, the transaction value under Rule 4 must be the price paid or payable on such goods at the time and place of importation in the course of international trade. Section 14 is the deeming provision. It talks of deemed value. The value is deemed to be the price at which such goods are ordinarily sold or offered for sale, for delivery at the time and place of importation in the course of international trade where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or for offer for sale. Therefore, what has to be seen by the department i....
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....rt of Rough Marble Blocks is restricted and may be permitted for import subject to the import licensing procedures and at the floor price of US$ 275 PMT (minimum unit floor price prescribed by DGFT). It is seen that the entire quantity of the goods covered vide 05 Bills of Entry detailed at para 1 above have been imported without any specific license. As the import of the impugned goods is restricted, such importation without possessing the valid import license is in violation of the provisions of the FTP 2009- 2014, thereby, rendering the impugned goods liable to confiscation under Section 111(d) of the Customs Act, 1962 read with Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 (the FTDA, 1992, for brevity)." 5.6 We do not find any challenge to the said findings recorded by the Tribunal. DGFT Notification No 36/2009-2014 dated 31.03.2010, clearly states about the restrictions and requirement of license for the import of "Rough Marble Blocks". The relevant paragraphs of the said Notification are reproduced below: "NOTIFICATION NO. 36/2009, DT. 31/03/2010 Policy for issue of import licences of Rough Marble Blocks for the Financial year 2010-11. S.O. (E) In....
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....uare) shape shall be subject to a floor price of US$ 275 per Metric Tonne (MT), which shall be endorsed on all licences. III. Entitlement: The total import of Rough Marble Blocks under EXIM Code Nos. 25151100 and 25151210 will be subject to a ceiling of 3 lakh MT for the whole of the licensing year, 2010-11. Eligible unit will be entitled for an import licence on the basis of average indigenous sales turnover of processed marble slabs/tiles only, in the previous five financial years. The quantity so calculated will however be subject to the following overall ceiling: - (a) Unit having one marble gang saw machine will be entitled for a maximum licence of 3,000 MT of rough marble blocks; (b) Units having more than one marble gang saw machine will be entitled for a maximum licence of 3000 MT of rough marble blocks for the first gang saw machine, and 1500 MT of rough marble blocks for each of the additional marble gang saw machines. IV. All licences shall be subject to actual user condition. V. In this regard, Licence holders shall file monthly returns regarding imports made by them, to the concerned Regional Authority of DGFT. VI. The eligible applicants may file an ap....