Home Case Index All Cases Customs Customs + AT Customs - 2020 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (6) TMI 95 - CESTAT BANGALOREValuation of imported goods - industrial valves of various types - international transaction of the appellant with their principals and affiliates - rejection of transaction value - HELD THAT:- The OIA is very cryptic and does not give any cogent reasons for rejecting the declared assessable value. Moreover, the Appellate Authority does not discuss the submissions of the appellants as to why the price at which M/s Sergi have imported are at variance from that of the importer. There is a pre-notified inter-company price list and the prices were as declared in the same. It is not correct to reject the transaction value just because there are imports at a higher price by third parties. Also, as submitted by the appellants, the Appellate Authority did not discuss on the methodology to arrive at the import price having rejected the declared value. No directions are given to the lower authorities about the manner in which the valuation is to be arrived at and the rules thereunder to be applied. Such an order cannot be implemented. The grounds held to be acceptable to reject the declared prices are not strong - the OIA is not legally acceptable - Appeal allowed - decided in favor of appellant.
|