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2016 (10) TMI 80 - AT - CustomsEnhancement of value of the current imported goods - demand of duty in respect of earlier imports - imposition of penalty - electric motors of assorted KW - import from China - variation in the price declared - the entire case of the Revenue is based upon the value adopted from NIDB data - Held that: - electric motors though imported from the same importer to which NIDB data relates to, cannot be held to be comparable on account of use of different types of cables for winding purpose. It may be observed that one manufacturer can manufacture the same goods but different qualities, attracting different prices. As such, for comparing the value of one product of the same manufacturer with the other product manufactured by him, it has to be stablished that both types of goods were identical. In the absence of any such efforts made by the Revenue to establish the comparable nature for the imported goods with the other the import, enhancement cannot be upheld. Revenue has not produced an evidence that there was any additional flow back of money to the foreign supplier to whom all the payments were made through ICICI Bank - no evidence on record to reject the transaction value, in which case the value has to be adopted as the correct value. Enhancement of value, demand of duty and imposition of penalty not justified - appeal allowed - decided against Revenue.
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