COMMISSIONER OF CUSTOMS, MUMBAI Vs. CLASSIQUE ENTERPRISES

JUDGEMENT

(1.) This appeal is filed by the Commissioner of Customs, International Airport, Mumbai, challenging the order dated 3-7-2004, passed by the Customs, Excise and Service Tax Appellate Tribunal, ( The Tribunal' for short), whereby appeal came to be allowed and the order passed in Original by the Commissioner of Customs, C.S. International Air Port, Mumbai, came to be set aside.

(2.) The order impugned before the Tribunal had directed confiscation of goods viz. glass chattons and cup chains valued at Rs. 26,68.388/- (CIF) and Rs. 40,02,582/(LMV) under Section 111(d), (l) and (m) of the Customs Act, 1962 ( the Act') with an option to redeem goods on payment of redemption price of Rs. 10 lacs under Section 125 of the Act. The said order had further imposed a fine in the sum of Rs. 5 lacs on Shri Sashi Arora Respondent No. 5, 2 lacs each on his firms; who are arrayed as respondent Nos. 1 to 5 under Section 112(a) of the Act. The foundation of the said order passed by the Commissioner of Customs, CSI Airport, Mumbai, was the gross undervaluation of the goods with misdeclaration. The Tribunal while allowing the appeal was of the view that the respondents herein, neither undervalued the valuation of the goods nor misdeclared the same.

(3.) Being aggrieved by the aforesaid order passed by the Tribunal, the present appeal has been filed at the instance of the Revenue under Section 130 of the Customs Act, l962.