2019 (5) TMI 988

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....r confiscation for 208.925 MTs of Base Oil SN-500, imported vide Bill of Entry 5340827 dated 30.01.2011 under Section 111(l) and 111(m) of Customs Act, 1962. (ii) However, I give an option to the importer to redeem the goods on payment of Redemption Fine of Rs. 3,00,000/- (Rupees Three Lakh only), in lieu of confiscation under Section 125(1) of the Customs Act, 1962. (iii) I impose a penalty of Rs. 2,00,000/- (Rupees Two Lakh Only) on the importer i.e. Mangali Petrochem Ltd under Section 112(a) of the Customs Act, 1962." 2.1 Appellants have filed Bill Of Entry No 5340827 dated 30.01.2011 for clearance of imported goods declaring them as "Base Oil SN 300", quantity 200.7 MTs and having unit price of US$ 900 PMT. 2.2 O....

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.... written show cause notice and requested for personal hearing. 2.7 After granting personal hearing to the appellants on 02.01.2012, Commissioner adjudicated the matter as per his order referred in para 1, supra. 2.8 Aggrieved by the order of Commissioner, Appellants have filed this appeal before us. 3.1 In their appeal Appellants have challenged the order of Commissioner on following grounds: i. The documents such a SIIB(X) report which was the basis for enhancement of the value of the imported goods was never furnished to them. ii. The declared value in the present case has been rejected on the basis of SIIB (X) report and not on the basis of any other ground such as undervaluation of goods, evidence regarding re....

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....appellants had accepted the unit value as determined by SIIB(X). Commissioner has in para 6 of his order while recording the submissions made during the course of personal hearing stated as follows: "6 A personal hearing was given to the importer before the undersigned on 02.01.2012. The personal hearing was attended by Shri Rohit Goyal on behalf of M/s Mangali Petrochem Ltd. During the personal hearing, he made submissions that the standards for SN-300 and SN-500 vary from refinery to refinery. There are fluctuations in parameters. The flash points and density of the product under import to the level of SN-500. There is no intentional mis-declaration of the product as they are dealing with this for 10 years. The valuation has been....

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.... Commissioner should adjudicate the matter after affording reasonable opportunity of personal hearing to them. Since the matter is quite old, Commissioner should complete the proceedings in remand within four months of the date of receipt of this order. (Order pronounced in the open court) ============= Document 1 Mangali Petrochem Ltd. EXHIBIT-C 601, A-Wing, Shrikant Chamber, Near R. K. Studio, Chembur, MUMBAI-400071 Tele/Fax: +91-22-25202303-04 E-mail: [email protected] Visit us: www.mpcl.co.i आयुक्त Commissioner of Customs (Import) 29 DEC 2011 * To, The Commissioner of customs, Import, JNP custom house, Nava Sheva, navi Mumbai. Subject: Bill of entry: 5....