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Case Law Details

Case Name : Jeen Bhavani International Vs Commissioner of Customs (CESTAT Mumbai)
Appeal Number : Customs Appeal No. 85843 of 2020
Date of Judgement/Order : 01/08/2022
Related Assessment Year : 2020-21
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Jeen Bhavani International Vs Commissioner of Customs (CESTAT Mumbai)

Held that no iota of evidence was submitted by Revenue regarding under valuation of goods and hence benefit given to the appellant.

Facts- The appellants imported 63 consignments of Linen Yarn, Ramie Yarn and other misc. items from various overseas suppliers, based in China. The appellant filed BOE classifying the said goods under CTH 53061090 and 53089010; goods were assessed by the department and ordered for clearance of the same for home consumption, in terms of Section 17 of the Customs Act, 1962.

On the basis of specific information received, indicating that the appellant indulged in gross under valuation of the imported goods, DRI conducted a detailed investigation into the matter. Department issued a notice proposing rejection of the declared value of goods in terms of Rule 12 of the Customs Valuation (Determination of Prices of the imported goods) Rules, 2007; re-determination of the same under Section 14(1) of the Customs Act, 1962 read with Rules 3(1) and 10(1)(e) of CVR, 2007; confiscation of goods under Section 111(m) Customs Act, 1962; recovery of the differential customs duty along with interest in terms of Section 28(4) and 28AA ibid respectively and imposition of penalties on the appellants and other persons/entities u/s. 112(a), 112(b), 114A, 114AA and 117 ibid.

Vide OIO the declared value was rejected and re-determined as INR 9,41,16,126/-. Imposed fine u/s 125 in lieu of confiscation, demanded differential customs duty of INR 78,09,736/-, imposed equal amount of penalty u/s 114A and also imposed other penalties.

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