Preloaded software in imported navigation devices counted in assessable value; duties, penalties and confiscation upheld; director fines reduced

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....CESTAT affirmed that the value of software preloaded/etched into imported navigation devices forms part of the assessable value of the devices; differential customs duty with interest and penalties was upheld. The Tribunal found the software licence keys were embedded in the devices at import, rejecting segregation of a separate software valuation and endorsing enhancement of value by the adjudicating authority. Confiscation of the goods, provisionally released earlier, was sustained as justified by misdeclaration and suppression of value. Penal liability of the corporate appellant was maintained, but monetary penalties against each director were reduced to Rs.1,00,000. All appeals dismissed and disposed of.....