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2014 (5) TMI 866 - AT - CustomsValuation of goods - Determination of transactional value - Enhancement in value - Demand of differential duty - Held that:- The enhancement of the value has been done under Rule 5 of the Customs Valuation Rules, 1988. As per the said Rule, if more than one value is found, then the lowest of the such value shall be used to determine the value of the imported goods. In the present case as pointed out by the ld. Counsel, the department has assessed identical goods at lower values ranging from US $ 1070 to US $ 1090 PMT, whereas the value declared by the appellant is higher at US $ 1100 PMT. Further, the price adopted for comparison is not a declared value but an enhanced value by the Customs. The values declared in those transactions ranged from US $ 1050 to US $ 1090 PMT. In the case laws cited by the appellant, this Tribunal has already held that for the purpose of comparison of contemporaneous imports, the value to be adopted is not the value arrived at after loading by the department but the value that has been declared and accepted without any enhancement. Besides, we notice that no evidence has been led by the Revenue in the instant case to counter the appellant's contention that the transaction value declared by them, as evident from the documents is not the real transaction value. Transactional value declared by assessee accepted - Decided in favour of assessee.
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