2019 (3) TMI 1443

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.... was issued interalia proposing to reclassify shell bangles and toys under different CTHs and in turn re-determining the value under Rule 9. In the SCN, it was pointed out that there was mis-declaration with regard to quantity as well. The assessee filed a detailed reply and the adjudicating authority after considering such reply, passed Order-in-Original dated 22.06.2012 in which, the appellant's classification of both shell bangles and toys was rejected, he re-classified the shell bangles under CTH 9601 9040 and toys of plastics under CTH 9503 0030; rejected the declared value (CF) under Rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 and re-determined the same at Rs. 84,75,490/- under Rule 3 ibid; ....

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....r Rule 12 of the Customs Valuation Rules ibid. • The value rejected under Rule 12 is the value declared by the importer under Rule 3 of Customs Valuation Rules, 2007, the effect of which is that the authority shall follow the Valuation Rules 4 to 9 sequentially and not at his will. • The redemption fine of Rs. 10,00,000/- is imposed without any rational and not even ascertaining the market value of the goods, in the first place. • Admittedly, the goods imported having not met with the declaration and the supplier having issued communication to that effect, the appellant had also sought for re-exporting the goods back to its supplier, etc. 4. Per contra, Ld. DR appearing for the Revenue supported the....