B.B.M. Impex Pvt. Ltd. Vs Commissioner of Customs (Preventive) (CESTAT Delhi)
Summary: The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi allowed the appeal filed by B.B.M. Impex Pvt. Ltd. against rejection of declared import values, confiscation, differential duty and penalty in respect of Synthetic Rubber PBR Non Oil Off Grade Loose Lumps in Super Sacks. The appellant, a regular importer, had imported goods under Bills of Entry No. 2058314 dated 28.07.2015 and 2116454 dated 03.08.2015. The Department examined the consignments, drew representative samples and sent them to CIPET, Murthal, Haryana. The test report dated 08.10.2015 stated that, on the basis of filter content, moisture content and identification, the imported goods were of goods quality.
The adjudicating authority rejected declared values of Rs.54,79,364/- and Rs.40,35,710/- under Rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 and re-determined the values at Rs.79,74,593/- and Rs.59,05,187/- respectively under Rules 4 and 5. The goods were confiscated under Section 111(m) of the Customs Act, 1962, with an option to redeem them on payment of redemption fine of Rs.1,50,000/-. Differential duty of Rs.12,85,013/- was confirmed under Section 28 along with interest under Section 28AA, and an equal penalty was imposed under Section 114A.
