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2017 (5) TMI 740 - AT - CustomsRectification of mistake - import of CD's - valuation - Held that: - the goods in this case were sold only to the persons who were having agreement with the owner of licence i.e M/s Microsoft. Hence in such case the value can be determined under Rule 8 by giving reasonable flexibility towards expenses, taxes and profit margins. Thus the Rule 7 has got no application. Extended period of limitation - Held that: - it is only after detailed investigation by the department, the arrangement of payments made in complex manner was unearthed. Since the facts were suppressed and wrongful declaration was made consequentially the extended period has been rightly invoked. Redemption fine - penalty - Held that: - the goods were imported by wrongful declaration. The facts were concealed from the department - redemption fine and penalty upheld. ROM application dismissed.
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