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2015 (5) TMI 1221 - AT - CustomsValuation of imported goods - polyester partially oriented yarn - revision of assessable value upwards - value revised upwards from US dollars 0.70 per Kg. to USD 0.91 per kilogram - HELD THAT:- It is a fact that the entire quantity as per the contract was not imported and only a quantity of about 6600 MTs. was imported when the anti-dumping duty was imposed making further imports unviable for the appellant. It is also a fact that the supplier did not demand any additional amount on the ground that the entire quantity as per the contract was not imported. It is not the Revenue’s case that any additional amount was paid to the suppliers for the goods already imported for not importing the entire quantity as per the contract. Indeed there was a very valid reason for not importing the entire contracted quantity because the imposition of anti-dumping duty, which could not have been foreseen at the time of entering into the contract, made the imports unviable for the appellant. Thus, it was not a case of manipulation or stratagem. The transaction value remained US $ 0.70 Kg. and there is no legal basis to reject the same - Appeal allowed - decided in favor of appellant.
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