Home Case Index All Cases Customs Customs + AT Customs - 2012 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 49 - AT - CustomsWhether customs officers have powers to determine RSP for the purpose of levy of additional duty of customs (CVD), when the same is not declared by the importer – Held that:- CVD is leviable on the imported goods on the basis of RSP. Merely because the RSP has not been declared, it does not mean that CVD is not leviable. The assessing officer can adopt any reasonable means to determine the RSP so long as the provisions of the tax liability are in force. - Assessing officer has adopted RSP of comparable goods as the basis for determination and computation of duty liability. Such a procedure adopted for operationalising the levy cannot be considered to be unreasonable - customs officer is empowered to determine RSP if the same is not declared by the importer at the time of importation by adopting reasonable means - method adopted by the customs officer for determination of RSP and consequential addl. duty of customs is reasonable - appellants directed to make pre-deposit
|