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2017 (11) TMI 1440 - AT - CustomsValuation of imported goods - contemporaneous import of similar goods through other port - Held that: - In the present case, the reason being contemporaneous import of similar goods through other port, in such situation full particulars of other imports are to be examined and made available to the appellant also - In view of non-fulfilment of such requirement, reassessment order suffers from serious infirmity - it is a settled position of law that in terms of Section 14 of Customs Act, 1962, the transaction value is required to be accepted. The valuation relating to Valuation Rules can only be done when the transaction value is rejected for valid reasons. Relying on the decision of Hon'ble Supreme Court in Eicher Tractors Ltd. Vs CC Mumbai [2000 (11) TMI 139 - SUPREME COURT OF INDIA], the Tribunal held that transaction value cannot be rejected on the basis of availability of data value for contemporaneous import of similar goods. This may at best raises a suspicion on the transaction value but cannot form basis for refixing the value. Appeal allowed - decided in favor of appellant.
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