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2016 (10) TMI 517 - AT - CustomsValuation - enhancement of the declared value on the basis of assessed bill of entry of the imported goods and on the basis of DRI alert - polyester knitted fabrics - whether the enhancement of the value justified? - Held that: - The Customs Valuation Rules deals with situation as to how to enhance the value of the imported goods. DRI alert cannot be the reason for enhancement of the value without rejecting the transaction value - declared value cannot be enhanced on the basis of DRI alert. Rule 5 of the Valuation Rules provide for enchanement of the value which is to be done as per said rules. Moreover, the declared vague is found less than the assessed value which cannot be the basis to enhance the value. In this case, the department has assessed identical goods at the rate of 2.85 US$ per kg whereas the value declared by the appellant ranges between 2.00 US$ to 2.63 US$ per kg. The price which has been adopted to be assessed is not the declared vague. In fact, the same is the assessed value. Therefore, the said value cannot be said as the value of contemporaneous import. The value of imported goods cannot be enhanced on the basis of DRI alert and the basis of assessed bill of entry - appeal allowed - decided in favor of appellant.
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