Goldstar Glasswares Pvt. Ltd Vs Principal Commissioner of Customs (CESTAT Delhi)
CESTAT Delhi held that bonafide declaration of value of goods cannot be concluded as suppression merely because the value was ultimately found to be incorrect. Accordingly, penalty u/s. 114A and 112 of Customs Act set aside.
Facts- M/s. Goldstar Glass wares Pvt. Ltd. to assail that part of the order dated 30.05.2019 passed by the Principal Commissioner of Customs, ICD, TKD, New Delhi that rejects the assessable value of goods declared by the appellant under rule 12 of the Customs Valuation (Determination of the Value of Imported Goods) Rules 2007 and re-determines the same under rule 5 of the Valuation Rules r.w.s. 14 of the Customs Act, 1962. The order also confiscates the seized 9900 kgs of Melamine valued at Rs. 7,16,873/- under rule 111(m) of the Customs Act with an option of payment of redemption fine in lieu of confiscation. The order also holds that the goods of which assessable value has been re-determined are also liable to confiscation but as the goods are not available for confiscation, redemption fine is not required to be imposed. The order also confirms recovery of anti-dumping duty from the appellant u/s. 28(4) of the Customs Act and also imposes penalty upon the appellant u/s. 114A and 112(a) and (b) of the Customs Act.
