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2017 (3) TMI 914 - AT - CustomsValuation of imported goods - Time Bound Software - Beta Software - deductive value or computed value - Held that: - the elements required for arriving at Deductive value u/r 7 or for arriving at Computed value u/r 8 of the said Rules are not present for the imported item namely “Time Bound Software”. Therefore, the valuation is to be decided u/r 9 of CV Rules, 2007 - Rule 9 says that subject to the provisions of Rule 3, where the value of imported goods cannot be determined under the provisions of any of the preceding rules, the value shall be determined using reasonable means consistent with the principles and general provisions of these rules and on the basis of data available in India - matter remanded to the original adjudication authority for deciding the valuation issue afresh under Rule 9 of CVR, 2007 read with provisions of Section 14 (1) of CA, 1962. Valuation of “Beta Software” - The appellant importer argues that “Beta Software” is not “goods” u/s 2(22) of the CA; therefore, no customs duty is liable to be paid on the said item - Held that: - The item imported being beta software, one cannot be allowed to state that the said item is not “goods” in terms of Section 2(22) of the Customs Act. The item is a kind of moveable property which has been put into a media-CD/DVSs and is being transacted/ passed over/ traded as such - matter is remanded to the original adjudicating authority to decide afresh the valuation in the light of the observations made here u/r 9 of CVR, 2007 read with Section 14(1) of CA, 1962. Appeal allowed by way of remand.
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