Palak Laser Video Club Vs. Commissioner of Customs - Court Judgment

SooperKanoon Citationsooperkanoon.com/21356
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided OnMar-09-2001
Reported in(2001)(131)ELT144Tri(Mum.)bai
AppellantPalak Laser Video Club
RespondentCommissioner of Customs
Excerpt:
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 & 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/-.
Judgment:
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 & 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/-.