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2014 (8) TMI 431 - AT - CustomsValuation of goods - First appellate authority has set aside the OIO enhancing the assessable value primarily on the grounds that goods imported at higher value were under a different contract when international prices of the imported goods were fluctuating - whether the value of imported ‘USA Origin US Green Petroleum Coke’ should enhanced on the basis of value of the consignments of the similar goods imported in the same vessel and also supplied by the same supplier - Held that:- there is no evidence on record to suggest that any amount over and above the transaction value has been repatriated by the Respondent with respect to imported goods of Bill of Entry No. F-188 dt 25/7/2008. The Act of the respondent J K Cements Ltd showing a higher C&F Value for the similar goods under Bills of Entry No F.187 gives an indication to the genuine nature of transaction based on the contracts as respondent has not hidden any facts from the department - Decision in the case of CC Vishakapatanam vs. Aggrawal Industries Ltd [2011 (10) TMI 4 - SUPREME COURT OF INDIA] and in the case of CC Chennai vs Pushpanjali Silks Pvt Ltd [2006 (3) TMI 515 - CESTAT, CHENNAI] followed - Decided against Revenue.
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