TaxTMI 
TaxTMI 
2020 (6) TMI 425
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....import vide Bills of Entry, the details of which are as follows:- S.No. Bill of Entry No. & Date Description Declared Value Ass. Value 1. 2058314 date 28.07.2015 Synthetic Rubber PBR Non Oil Off Grade Loose Lumps in Super Sacks. Rs. 45.40 per kg. Rs. 77.99 per kg. 2. 2116454 dated 03.08.2015 Synthetic Rubber PBR Non Oil Off Grade Loose Lumps in Super Sacks. Rs. 26.81 per kg. Rs. 50.86 per kg. 4. The containers were examined, with respect to the goods, appeared to be-"White colour substance in semi-solid form", duly packed in super sacks, pasted with paper stickers marked as "NON OIL BR PCU-LITHIUM". In two of the containers the goods appeared to be- "White Colour Substance in powder "form", duly packed in Super Sacks and marked as "FORMOSA PLASTICS Made in USA". On examination of super sacks, a copy of MSDS No. PVC 011, revision date 13.11.2012 and showing product name Scrap Polyvinyl Chloride/Polyvinyl Acetate Resin was found. Representative samples of each item were drawn and goods were detained. 5. The goods covered under the other Bill of Entry No. 2116454 were also examined on 03.08.2015, wherein four containers were fou....
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....lue of Imported Goods) Rules, 2007 (hereinafter referred to as CVR, 2007) and the same were re-determined at Rs. 79,74,593/- (Rupees Seventy Nine Lakhs Seventy Four Thousand Five Hundred Ninety Three only) and Rs. 59,05,187/- (Rupees Fifty Nine Lakhs Five Thousand One Hundred and Eighty Seven only) respectively, under Rule 4 & 5 of the Rules ibid, (being the value of identical/ similar goods). 9.2 The seized goods re-valued at Rs. 79,74,593/- and Rs.. 59,05,187/- in respect of Bill of Entry No. 2058314 dated 28.07.2015 and Bill of Entry No. 2116454 dated 03.08.2015 respectively were confiscated under Section 111(m) of the Customs Act, 1962. However, an option was given under Section 125 of the Customs Act, 1962 to the Appellant to redeem the seized goods on payment of redemption fine of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only). 9.3 Demand of differential duty of Rs. 12,85,013/- (Rs. 7,34,621/- + Rs. 5,50,392/-) in respect of two Bills of Entry mentioned above, was confirmed under Section 28 of the Customs Act, 1962 and ordered for recovery of the same along with interest under Section 28 AA of the Act ibid. 9.4 Penalty of Rs. 12,85,013/- under Section 114A of t....
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.... appellant and his supplier are not related parties. 13.1 It is further urged that the Hon'ble Supreme Court in the case of Century Metal Recycling Private Limited Vs. Union of India (2019) 6 SCC 655, have held that reason to doubt the valuation under Rule 12 of the Valuation Rules, should be reasonable, based on certain definite reasons. In the facts of the present case, there is no reason assigned for rejecting the transaction value, which is required to be followed and accepted. As per mandate of Section 14 of the Customs Act. As per Rule 12 (iii) (a) read with Explaination-1, "the proper officer shall have powers to raise doubts on the truth or accuracy of the declared value on certain reasons, which may include significantly higher value, at which similar or identical goods imported at or about the same time in comparable quantities in a comparable commercial transaction were assessed". 13.2 It is further urged that the Court Below have erred in invoking Rule 12 (iii)(a), because the goods (as per NIDB) being relied upon were neither of same quantity nor of similar quality. The NIDB Data, being relied upon by the Department (RUD 6 in the SCN) is for 45,236 kg. of Synthet....
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....dicating Authority for a redetermination in accordance with law by passing a speaking order. Learned Counsel further informs that pursuant to remand, the Adjudicating Authority/ Deputy Commissioner of Customs (import) have passed assessment order No. 36/2018/SKG/DC/Import/ICD/TKD dated 31.07.2018, by which the declared value has been accepted and passed the following operating order:- ORDER I order to re-assess the Bills of Entry Nos. (1) 9319531 dated 22.05.2015, (2) 9319794 dated 22.05.2015, (3) 9492906 dated 08.06.2015, (4) 9524919 dated 10.06.2015, (5) 9592872 dated 16.06.2015, (6) 9667958 dated 23.06.2015 and (7) 9670523 dated 23.06.2015 on the declared value under section 17(4) of the Customs Act, 1962 in compliance to the aforesaid Commissioner (Appeal) Order without prejudice to any other action which may be taken under this Act. 13.6 The Learned Counsel further informs that the said adjudication pursuant to remand has been accepted by the department, as informed by the Deputy Commissioner of Customs (Review) to the Assistant Commissioner of Customs, as recorded in para 4 of the remand order and have been pleased to grant the ref....