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2011 (4) TMI 1003 - CESTAT, MUMBAIValuation - contemporaneous import - nature of goods i.e. whether goods are Stock Lot or otherwise - held that:- in the present case impugned goods have not been declared as stock lots and same have not been found so on examination also. - Decided against the assessee. We are, however, not fully satisfied with the methodology adopted by the department on the quantification of duty demand on the past consignments inasmuch as this method does not appear to be sound. We find that two different methods have been adopted by the Revenue in respect of the goods covered by the past consignments - value of some taken on gross basis and some on kg. basis. We are of the view that the total quantity of glass chatons and total quantity of glass beads imported in the past 15 consignments should be segregated, thereafter the quantity of Swarovski glass chatons and glass beads seized from the premises of the appellants should be deducted from the total quantity of the glass chatons and glass beads. This will give net quantity of Swarovski glass chatons and beads i.e. the goods which are not available with the department. Based on the ‘base price’ of glass Chatons and glass beads as indicated above, duty should be worked out on gross basis on the past consignments which are not available.
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