Home Case Index All Cases Customs Customs + AT Customs - 2017 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 11 - AT - CustomsHigh Seas purchase - valuation - Palm Kernel Fatty Acid Distillate - what will be the price of the goods that should be adopted for determining assessable value, namely, the prices at which the Singapore supplier procured the goods or otherwise the price at which the said supplier invoiced the goods to the high seas buyer? - Held that: - what was certified in the accompanying certificates of origin was only in respect of goods sold and invoiced by Kalmart Systems (Malaysia) and M/s. MAMBA SDN BHD (Malaysia) and not by Aavanti Industries (Singapore). These Certificates of Origin have further certified the Name of Signatory Company as M/s.Kalmart Systems, Malaysia and M/s.Mamba SDN BHD. If the importer wants the customs authorities to accept as genuine these certificates of origin as also the Bills of Lading, Packing List etc. certified therein, by implication, the invoices of Kalmart Systems (Malaysia) and MAMBA SDN BHD (Malaysia) who stand certified on those documents will only get credence and be accepted for the purpose of determining the transactions. The Invoice No.KSS01 9903/370 dt. 10-10-2003 of Kalmart Systems (Malaysia) for unit value of US$ 397.50 PMT and Invoice No.MA046/10103 dt. 14-10-2003 of Mamba Sdn Bhd (Malaysia) for unit value of USD 385.00 will have to be necessarily taken as the correct invoice and transaction value and consequently for determination of assessable value in respect of goods covered by B/E No.550460 and 551112 respectively. These would be the correct prices paid or payable for the purposes of Rule 4 (1) of the Customs Valuation Rules, 1988. Appeal dismissed - decided against appellant.
|