2001 (10) TMI 195

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Kait, Member (T) (Oral)]. - In all these appeals, common question of law and facts are involved, hence they are taken up together for disposal, as per law. 2. The above appellants are aggrieved by the order passed by the Chief Commissioner of Customs on the ground that the value has been determined under Rule 5 of the Customs Valuation Rules, 1988 and since the goods are covered under Open Gene....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... C-II/2562-67/WRB/2000, dated 18-9-2000 [2001 (134) E.L.T. 210 (T)]. 3. Ld. Counsel S/Shri S. Murugappan and A.K. Jayaraj, appearing on behalf of all the appellants while reiterating the submissions made in their appeal memo have invited our attention to the judgment rendered by this Bench in the case of Mahendra Kumar Co. v. CC, Trichy and the judgment rendered by the Western Region Bench in t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nfiscation under and value has to be determined under Section 14 of the Customs Act, 1962. 4. As regards valuation, they submitted that the enhancement of value is done solely on the basis of similar goods imported at the nearest Port disregarding other material evidence on record, therefore the cases have to be remanded for reconsideration and value has to be determined under Section 14 of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ied garlic is classifiable under ITC Sub- heading No. 071290.04 and not under 070320.00 as alleged by the department, taking into account the moisture content of the goods on the basis of DGFT's clarification dated 17-9-99. Since by virtue of above classification, goods are covered under OGL, and even otherwise, in the common parlance, they are covered under OGL and are not liable for confiscation....