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2014 (10) TMI 551 - CESTAT MUMBAIRejection of transaction value - Held that:- at the time of import, the appellant declared the value of goods @ US 535 PMT. The goods were examined and on examination the goods were found to be as declared in the Bill of Entry. These facts are not in dispute. There is no evidence shown by the department that over and above the transaction value any price has been paid by the appellant. The only basis for enhancement of value is that as per NIDB data in Bill of Entry No. 599780, dated 6-2-2007 the price shown was @ ₹ 42,793/- PMT. The price taken is of a Bill of Entry filed in February, 2007 whereas the impugned goods have been imported by the appellant in September, 2007 and October, 2007. Therefore, the price shown in a Bill of Entry of February, 2007 cannot be relied upon. Further, we find that the standing instructions issued in the year 1999 have been applied for imports made in the year 2007. We further find that there is no basis for giving 15% discount on PLATT price for the impugned goods. There is no evidence of any contemporaneous imports of similar or identical goods nor is there any price available for similar goods. In the absence of any such evidence, the transaction value has to be accepted - Decided in favour of assessee.
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