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2017 (7) TMI 119 - AT - CustomsValuation - rough diamonds - confiscation - penalty - Held that: - it calls for a more stringent examination of the evidence against the alleged mastermind who claims that he is not associated with the importing entities and that the importing entities should bear full responsibility for any misdeeds - The adjudicating authority has not accorded due importance to the confiscation on the basis of value of ‘rough diamonds’. The enhancement that was proposed is the very basis of the allegation of misdeclaration and, hence, was required to be in strict compliance with Customs Valuation (Determination of Price of Imported Goods) Rules framed for implementation of section 14 of Customs Act, 1962. The sequential application of the rules, as well as the justification for adoption of the value proposed by the expert, does not find a place in the impugned order - matter remanded for fresh consideration - appeal allowed by way of remand.
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