SONAL ENTERPRISES Vs. COMMISSIONER OF CUSTOMS, NEW DELHI

JUDGEMENT

(1.) BOTH the appeals are being disposed of by a common order as they arise out of the same impugned order passed by the authorities below. After hearing both the sides duly represented by Ms. Saurabhi Sinha, Advocate and Shri S. Jain, DR for the respondent, we find that M/s. Sonal Enterprises imported cosmetics from China and filed bill of entry declaring the transaction value as the assessable value. The goods were assessed by the assessing officers and the value was loaded by 50%. The said value was accepted by the importer, and the goods were cleared on payment of duty.

(2.) THEREAFTER , 100% examination of the cosmetics was undertaken and it was found that the goods were branded goods of various brand names. Revenue conducted some market survey and found that the value of the cosmetics was still on the lower side, even after loading the same by 50%. Accordingly, the proceedings were initiated against the appellant and the value was enhanced from Rs. 27.68 lakhs to Rs. 44.29 lakhs. The goods were further confiscated with redemption fine of Rs. 5 Lakhs, duty of Rs. 6,59,700/ - was confirmed along with interest and identical amount of personal penalty. Penalty of Rs. 1,00,000/ - was imposed upon the Director.