2019 (10) TMI 1221

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....in Bills-of-Entry dated 19.05.2006 in respect of import of poppy seeds from Turkey were rejected and re-determined at USD 2500 per Metric Tonne (MT) besides confirmation of differential duty along with interest, apart from holding that the goods are liable for confiscation and also imposition of penalties. 2.1 The Ld. Counsel Shri. B. Satish Sundar appeared and argued on behalf of the appellant. He submitted that at the time of import, the proper officer had accepted the declared value of USD 750 per MT and allowed clearance of the goods imported under both Bills-of-Entry dated 19.05.2006. A statement was recorded from the first appellant on 19.07.2010 in which he has denied the charge of undervaluation and has categorically stated that ....

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....ue declared to Turkish Customs. A request was also made to forward copies of the export documents filed before Turkish Customs. 3.1.2 In reply, two export declarations were received from Turkey along with a chart showing the comparison of the values declared at the time of export in Turkey with respect to the value declared in India at the time of import. The said two export declarations pertain to the goods exported by one supplier to M/s. Diamond Traders vide two Bills-of-Ladings dated 31.03.2006. The unit price was shown as USD 2500 (CIF) as against the unit price of USD 750 (CIF). This fact is supported by the statement of the first appellant, who is one of the partners of M/s. Diamond Traders. 3.2 He also submitted that the trans....

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....0 as declared in the Bills-of-Entry only. The export documents are not in English and contain only some English words. The discrepancy alleged in the export declaration made by exporter is sought to be corroborated by the statement of the appellant, but he has denied any knowledge. Further, the consideration is received through Bank. Therefore, the discrepancies in the export declaration are not sufficient evidence to reject the transaction value. 6. The other evidence relied on for enhancing the value is the Public Ledger (U.K.) which provides daily and weekly news analysis and market prices for commodities. Again, Commodity Trade Statistics Data (Comtrade) is also relied by the Department to enhance the value. 7. The Tribunal, while....