PALAK LASER VIDEO CLUB Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This is a case of seizure of Laser Discs. Counsel states that discs did not fall under the purview either of Section 123 of Customs Act or Chapter IV A thereof. He submits that adequate evidence has been placed on record to establish lawful importation of the seized goods. He relies upon an order of the Government of India bearing No. 32 and 33/97, dated 22 -1 -1997 which shows that the CIF value of LDs was Rs. 200/ -. Smt. Reena Arya submits that the market value could be higher. However, I find that it cannot be as high as Rs. 2000/ -.

(2.) On the ground over valuation also on the ground that goods are not notified I grant the prayer for waiver of pre -deposit of penalty of Rs. 65,000/ -.