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2015 (10) TMI 763 - SC - CustomsOver valuation of items imported - Consignment of CD ROMs declared as computer software – Appellant alleged that consignment was overvalued and Respondent wrongly claimed benefit of exemption Notification No.11/97-Cus and evaded payment of excise duty – Respondent contends that Electronics and Computer Software Export Promotion Council opined that goods were computer software and valuation so made is fair and correct and the same would be exempted under the Notification – Held That:- Revenue accepted that CD ROMs which were imported by the respondent-company were capable of interactivity and the same would be covered by the definition of 'computer software' contained in the exemption Notification. - Declaration of price in the Bill of Entry was correct and goods are wholly exempt from customs duty thus there could be no motive in mis-declaration of value – Decided in favour of the Respondent.
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