COMMISSIONER OF CUSTOMS MADRAS Vs. A ONE ELECTRONICS

JUDGEMENT

(1.) The respondent imported 1000 pieces of down converters from Singapore. According to the bill of entry which was filed, it was stated that the country of origin of the goods was Singapore and the price at which the goods were to be cleared for consumption was declared at US $ 4.25 per piece.

(2.) The collector of customs vide his order dated 28/10/1993 did not accept the valuation as declared by the respondent. He took into consideration one quotation dated 16/04/1993 from a singapore company which was of about us $ 75 per piece and one other valuation at US $ 38 per piece. The collector also ascertained from M/s. Solidair India ltd. , another company which had imported the same item but of Taiwan-make and found out that the price there was rs. 1220-1250 per piece. The collector then came to the conclusion that the correct value which should be determined, considering the quantity imported, would be US $ 33.60 per piece FOB and to this was added insurance and freight. An order of confiscation was passed but the respondent was permitted to pay redemption fine of Rs. 1,50,000. 00and redeem the goods. In addition thereto, penalty of Rs. 50,000. 00 was also imposed.

(3.) The customs, excise and gold (control) appellate tribunal (for short "the tribunal") in an appeal filed against the said decision considered the evidence relied upon by the collector and also adverted to evidence produced by the respondent herein in the form of bills of entry dated 12/08/1993 for US $ 22 per piece and 27/08/1993 for US $ 16 per piece. The latter bills of entry had not been accepted by the collector on the ground that they were of a period of six months subsequent to the bill of entry filed by the respondent.