2008 (3) TMI 165

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Advocate and S. Krishnanandh, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we note that the respondents had imported toiletries, cosmetics and CD lens cleaners and filed a Bill of Entry by declaring the value of the goods as US $ 7992.45 (Rs. 3,81,016/- ). The impugned goods were imported from Dubai and the country of origin w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ment of a fine of Rs. 3.25 lakhs under Section 125 of the Act and imposed a penalty of Rs. 1.25 lakhs. Aggrieved, the party preferred an appeal before the Commissioner (Appeals) and the latter allowed the appeal. Hence the present appeal of the Department. 2. After hearing both sides and considering their submissions, we note that the lower appellate authority found no material on record to rej....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....been remanded to that authority. Ld. DR reiterates these grounds of the appeal. It is submitted by id. Counsel for the respondents that none of the above grounds is tenable. It is submitted that, neither on the basis of shipstore import prices nor on the basis of overseas retail price list could the assessable value of the goods be determined in law. No other material was found by the original aut....