2001 (12) TMI 100

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.... - The appeals arise out of the Order-in-Original Nos. 96/2001-CAU and 95/2001-CAU passed by the Commissioner of Customs, Madras. The appellant imported PU Leather Cloth assorted colours. The value declared in respect of the above goods imported was at the rate of US $ 0.67 per metre CIF under DEPB Scheme. On examination of the goods it was found that the total length of 439 rolls of PU Leather Cl....

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.... goods were offered at a lower price since it was a ready stock lying with the factory for shipment to Syria which was cancelled; and that they had been regularly importing the above material from the same supplier. There was also the contention that the material was of assorted type and it was of lesser quality. But ultimately he accepted the proposal for enhancement of price based on the contemp....

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.....40 per metre depending upon the quality, thickness of coating etc. It was found that the same importer had imported PU coated fabrics from China through Chennai Port vide Bill of Entry dated 22-1-2001 at a unit price of US $ 1.02 per metre (CIF), and similar goods were also seen to be imported in the name of M/s. Gaurav Impex, Delhi vide the Bills of Entry dated 4-12-2000, 22-12-2000, 1-1-2001 an....

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....mporaneous prices available with the Department. We, therefore, find no merit in the contention raised in the appeal challenging the valuation and seeking the refund of the differential duty paid by the appellants on enhancement. 3. Coming to the challenge on the imposition of redemption fine and penalty we find there is some merit in the contention raised by the appellant. Assessee's explanation....