Home Case Index All Cases Customs Customs + AT Customs - 2016 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 7 - AT - CustomsValuation of Ceramic tableware as per Rule 4 of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 and the Interpretative Notes Schedule to the said Rule - Goods manufactured in SEZ meant for export were damaged by floods- Auction was conducted for realizing salvage value by issuing tender and inviting the bids in association with Insurance Company- Held that: Department has not been able to prove that how did the appellant not observe the right procedure, when the procedure adopted by the appellant was approved by the United Insurance Company Ltd., which was mentioned in the invoice also. No fault found when the goods were delivered to the final bidder at the price quoted by the said bidder and accepted by the auctioneer with the approval of the insurance company. It is not right to question this by the Customs and to say that there has to be value refixed as per Rule 6 of the Customs Valuation Rules, 1998 when there is no reasonable basis for this refixation of the said value. Also, damage in the goods in question were of different degree when compared with the goods which were auctioned earlier, where the damage was not to this much extent. Therefore, the value fetched during the auction as cum-value accepted. Decided in favour of appellant with consequential relief
|