NIDHI DISTRIBUTORS Vs. COMMISSIONER OF CUSTOMS, CALCUTTA

JUDGEMENT

(1.) THE appellants imported 1500 pieces of Floppy Disc Drives 1.2 MB and filed a bill of entry on 11 -11 -1994 declaring the value of the Floppy Disc as US $ 13.50 per piece (C.I.F.). The goods in question were of Malayasian origin and invoice dated 18 -9 -1994 was submitted by the appellants. Thereafter, the goods were assessed as per declaration made by the appellants and the same were cleared on payment of duty.

(2.) SUBSEQUENTLY , an investigation was conducted to ascertain the price of the identical goods. It was felt that the price declared by the appellants was lower than the price at which the identical goods were being cleared from different Customs House. Ultimately, a show cause notice dated 13 -10 -1996 was issued to the appellants proposing to enhance the value of the imported goods to US $ 35.65 and to confirm the differential duty on the basis of the same. Proposal was also made to confiscate the imported goods and to impose penalty upon the impugned Order and also to assess the goods under Heading 8471.92 as against the classification of the goods under Heading 8473.30 claimed by the appellants.

(3.) AFTER due adjudication, the Commissioner of Customs enhanced the value to US $ 29 per piece and confirmed the demand accordingly. Penalty was also imposed upon the appellants. The goods were held classifiable under 8471.92. The Order of the Commissioner is impugned before us.