2025 (6) TMI 775

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....ted goods, by recourse to rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 in adjudication by the original authority, and, thereby, recovery of differential duty of Rs. 6,33,903 as well as penalty of Rs. 2,40,000 in lieu of confiscation on goods that had been provisionally released earlier besides imposition of penalty of Rs. 1,00,000 under section 112 of Customs Act, 1962. 2. On perusal of the impugned order which allowed the differential duty liability and other detriments to pass muster, it appears that the proceedings was marked by conceptual confusion evident in '6. Vide letter dated 24.10.2008, the Assistant Commissioner of Customs group VIIC, Mumbai was informed of the Commissioner of Cus....

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....rprisingly, the competent authority under section 129D of Customs Act, 1962 does not appear to have reviewed this eminently reviewable adjudication order and the first appellate authority, too, did not take note either. 4. Be that as it may, we press forward with disposal of appeal restricting ourselves to the grounds adduced by the appellant, viz., that there was no evidence of undervaluation to warrant subjecting the declaration in bill of entry to sequential recourse authorized by rule 3(4) of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. 5. Briefly, 45925 kgs of 'stainless steel coils/sheets of 201', valued at US $ 41935.85, imported by the appellant herein and sought to be cleared vide bill of entry no....