Home Case Index All Cases Customs Customs + AT Customs - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 404 - AT - CustomsRejection of transaction value under Section 14 - Provisional assessment - Held that:- Even if there was a doubt in terms of Rule 12, the Rule requires that the authority must be proceed sequentially through Rule 4 to 9. Rule 4 requires the transaction value to be based on value of identical goods sold for export to India. The adjudicating authority based its decision on identical goods sold by the importer on high sea sale basis at US$ 165 PMT which is equal to the ‘Platt’ price. We find that the contract between the supplier and importer was agreed upon in July 2000 whereas the said high sea sale took place much later. The adjudicating authority did not consider this fact. At the same time, the Commissioner (Appeals) has clearly stated that on further inquiry in the Custom House, the contemporaneous imports in the months of July, August and October 2000 were found to be US$ 140, 125 & 115 PMT respectively. It is not established by the department in the grounds of appeal that such contemporaneous imports did not take place. In these circumstances, it is incorrect on the part of the adjudicating authority to ignore the actual contemporaneous prices in terms of Rule 4 (earlier Rule 5). The department has not been able to either establish existence of any circumstances as in Rule 3(2) [(earlier Rule 4(2)] nor did it consider the correct contemporaneous imports. Reliance on judgments must be made in a proper context and not out of context. The judgments cited by Revenue do not say that when contemporaneous import prices are available, the same should be rejected and journal prices accepted. In this view of the matter, the grounds of appeal have no basis and are accordingly rejected. - Decided against Revenue.
|