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2014 (6) TMI 411 - AT - CustomsValuation of goods - Mis declaration of goods - Import of Retro-Reflective Sheetings - Non disclosure of assessee's relationship with exporter as sole distributor - Enhancement in value of goods - Whether the transaction value can be rejected as same has been influenced being related person or not - Held that:- During the course of investigation/search one invoice showing the sale price of the impugned goods at the rate of 66000 per roll against the import value of 1427/- per roll. The investigation team relied on that sale invoice but did not take into account all the other invoices which show the sale price of the impugned goods in the range of 1800 to 2400 per roll. - the sales invoices produced by the applicant cannot be discarded but the same are reliable evidence to determine the value of imported goods. Therefore, the enhancement of transaction value on the ground of that importer is related to the supplier is not sustainable as price is not influenced being related person. Commissioner has not taken into consideration all the sale invoice during the course of adjudication and relied on 2 or 3 stray invoices where the highest sale price is shown. More than 90% of the sale were found between the range of Rs. 1800 to 2400 per roll. Therefore, on this ground, the transaction value cannot be enhanced. Enhancement of value after comparing with contemporaneous import - Held that:- here is no comparison of the quantity imported by M/s. Cosmic Manufacturing and the appellant. - To invoke Rule 5 or 6 of the CVR, 1988, the goods should be substantially of the same commercial value and of the same quantity. None of these requirements were fulfilled in the present case. - the single import made by M/s. Cosmic Manufacturing cannot be the basis of enhancement of the transaction value. Related person - financial flow back - Held that:- No where it is coming out that the appellant has transferred money against the imported goods by some other means over and above the transaction value - if it is presumed that the appellants are related person, the transaction value is not influenced being related person has contemporaneous imports made by M/s. Rajhans Automobiles, the supplies by S.N. Corporation, Japan through other importers in India on the same price and the import made by M/s. Cosmic Manufacturing cannot be basis as without comparison of the goods imported by M/s. Cosmic Manufacturing and the appellant - No enhancement in transactional value to be done - Decided in favour of assessee.
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