TaxTMI 
TaxTMI 
2008 (2) TMI 374
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..... Ramachandran Nair, J.] - This appeal is filed by the Commissioner of Customs under Section 130 of the Customs Act against the order of the Customs, Excise and Service Tax Appellate Tribunal, South Zone Bench, Bangalore, allowing the appeal filed by the respondent. The respondent imported 79 MT of mild steel flat bars by declaring it as MS scrap. The Customs authorities doubted the identity of th....
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....sed by the Commissioner of Customs (Appeals), the respondent filed second appeal before the Tribunal. Even though the tribunal held that there was mis-declaration of goods imported and the same was liable for confiscation under Section 111(m) of the Act, they still cancelled the demand of duty on the higher value and cancelled the penalty and fine for the reason that there is violation Rule 4(2) o....
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....ause according to us when there is mis-declaration of the product, the transaction value declared automatically goes, more so when the goods declared as MS scrap is found to be otherwise by the department. In fact from the details of description of the goods available and from explanation offered by the importer himself, it is clear that goods, though were not marketable as mild steel bars in Duba....
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....s only when the transaction declared is found to be genuine and correct. The transaction in this case is purchase and import of MS flat bars whereas in the documents presented for clearance of goods, the respondent termed it as scrap metal. We are therefore of the view that the Tribunal went wrong in interfering with the order of the Commissioner on the ground that the department has not indicated....