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2018 (5) TMI 2037 - AT - Customs100% EOU - Valuation of imported goods - active identity token - enhancement of declared value - HELD THAT:- The appellant is an export oriented unit and the proceedings were initiated as the invoices, issued by their overseas entity based in Milton Keynes, UK, were not reported by price-lists from the original manufacturer, M/s. Active Identity, France and subsequent correspondence dated 19th February, 2008 declared the cost at £ 13 for each card. It is seen from the records that the said goods had been imported for carrying out the project work and on which a rental was being charged by the parent-company. Therefore, notwithstanding the value at which the goods may have been procured by the parent-company, the importers, even with incorrect declaration of the rental value for assessment, would have been subjected to the appropriate rule under the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. Nevertheless, this reassessment order not lead either to any differential duty that was to be recovered nor any other consequences that could lead to confiscation of the goods. The enhancing of value, even if it be for nominal purpose, need not have been accompanied by proceedings under Section 117 of Customs Act, 1962. Even if the goods were to be cleared into the domestic tariff area, the assessment should have to be carried out afresh and, therefore, did not merit confiscation under Section 111 of Customs Act, 1962 - Appeal allowed - decided in favor of appellant.
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