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2017 (9) TMI 1394 - AT - CustomsValuation of imported goods - inner part of Mini-valve (zinc) - it was alleged that the average declared value of the brass hardware imports was 25-30% lower than the prevalent notified tariff value for brass scrap - enhancement of value on the basis of LME price of zinc - Held that: - the sole basis of enhancement of value in this case is LME price of zinc, on which the Proprietor of importer was persuaded to pay the differential duty. No other evidence has been produced by the department - in a similar case, in which ball valves/check valves through JNPT, ICD, Mulund and where the value was also proposed to be loaded on the basis of LME prices, this Tribunal in the case of S.K. Dhawan and Ors. [2016 (3) TMI 888 - CESTAT MUMBAI] has held that the methodology adopted by the adjudicating authority for redetermination of the value of the imported consignments is totally on presumption and surmises and is not sustainable - appeal allowed - decided in favor of appellant.
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