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2017 (11) TMI 1189 - CESTAT NEW DELHIValuation - enhancement of value - value was enhanced on the ground that the similar goods were imported at higher price - It would appear that the appellant’s failure to submit copy of the contract, manufacturer’s price list, details of negotiated price are the reasons for rejecting the transaction value - Held that: - the appellant has rightly objected to such enhancement on the ground that the contemporaneous value should be comparable on various parameters. There is no finding as to how the contemporaneous value has been accepted based on true comparison - The appellant’s contention that their product is unbranded and the product, with which it is compared, is branded again carries much weight - also there is more than two months gap in comparison of similar consignments. The admitted fact is the price of impugned goods are highly flexible and varied even in a short period - rejection of transaction value and refixing of such value not justified. The impugned order failed to justify with factual and legal basis for enhancing value as ordered by the Revenue - appeal allowed - decided in favor of appellant.
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