1,40,000 Rs.
The difference in the customs duty was determined on such valuation of goods for purposes of assessment in accordance with Section 14 of the Act.
The declaration of the imported goods made by the appellants described it as OFF grade Gum Rosin which was the description of the quality of goods also in the Bill of Entry.
The appellants expressly informed the Directorate of Revenue Intelligence in writing by letters dated 2.2.1987 and 28.12.1987 that they did number dispute the test reports and that they also waived the numberice to show cause against companyfiscation of the goods and imposition of penalty required to be given under Section 124 of the Act, stating clearly that the appellants were ready to get the matter adjudicated for this purpose by the customs authorities and that they needed the goods urgently which may be released to them on their personal bond or guarantee.
1,15,000 Rs.
The appellants imported Gum Rosin declaring its CIF value at US 410 per metric tonne according to the Bill of Entry which was supplied by M s. China National Native Product and Animal By products Imports and Exports Corporation.
The Deputy Collector of Customs by order dated March 7,1988 held that the companytemporary CIF price of WG grade of Gum Rosin was US 465 per metric tonne as evident from an invoice of the same supplier for supply of WG grade of Gum Rosin imported by another importer and cleared through Bombay Port and, therefore, the ascertained CIF assessable value of the goods imported by the appellants was US 465 per metric tonne.
1,40,000 Rs.
The only relief granted by the Appellate Tribunal was reduction in the fine to Rs.
35,000 Rs.
35,000 respectively.
70,000 Rs.
70,000 Rs.
70,000 respectively and a similar reduction in the penalty to Rs.
57,500 and Rs.
These further appeals have been preferred against the Tribunals order.
On this basis, the Deputy Collector of Customs determined the fine in lieu of companyfiscation under Section 125 and the penalty for improper importation of goods under Section 112 of the Act in the three cases at Rs.
25,000 and Rs.
The importers appellants preferred appeals to the Collector Appeals under Section 128 of the Act which were dismissed.
50,000 and Rs.
70,000 respectively.
The further appeals to the Appellate Tribunal under Section 129A of the Act were dismissed except for reduction in the quantum of fine and penalty.
This request of the appellants was accepted, the goods released to them on that basis and adjudication proceeded with.
C/987 989/89 A arising out of the order dated December 13, 1988 passed by the Collector of Customs Appeals , Bombay dismissing the appeals against the order dated March 7, 1988 passed by the Deputy Collector of Customs.
S. Verma, J. These appeals under Section 130E b of the Customs Act, 1962 are against the order dated August 21, 1990 passed by the Cumtoms, Excise and Gold Control Appellate Tribunal, New Delhi in Appeal Nos.
