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2016 (12) TMI 1028 - AT - CustomsValuation of imported goods - Pistachio - Rule 8 of Customs Valuation Rules, 1988 - enhancement of value on the basis of contemporaneous import - Held that: - The fact that the price of US$ 4.8 per kg is of the Pistachio crop of Nov - Dec, 1999, whereas the appellant’s import of Pistachio is from the crop of 1998 at US$ 3.6 per kg. which is vital fact which should have been considered by the lower authorities - in case of agriculture produce, quality of the goods varies from one of the crop to another particularly edible agriculture produce by lapse of time the product get deteriorated and obviously the price of old stock of agriculture produce will not be equal to the fresh stock of agriculture produce - the comparison with the price of the different goods of different period cannot be held correct - appeal allowed - decided in favor of appellant-assessee.
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