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2018 (2) TMI 242 - AT - CustomsValuation of imported goods - Barudan Multi Head Computerized Embroidery machine Model BED XH-YNB 20 head, 9 colour - similar goods - basis of enhancement of value was a purported identical model imported by different importer vide their Bill of Entry No.731210 dt. 20.12.2004 wherein the import price was ₹ 39,85,800/- - Held that: - appellant had produced catalogue, explanation of the supplier for the price variation and also outlined the differences between the two models. They had also produced the proforma invoice from the foreign supplier which matched the final commercial invoice. Copy of the insurance policy for the goods imported has also been produced. The lower authorities have however not addressed these evidences nor have they distinguished or demolished the same - in any case, the difference between the declared value and enhanced value is around 27% which could be ascribed not only on account of differences in the features between the two machines but also on account of the five months interregnum period between the two imports. Reliance is placed on the ratio of the Apex Court judgment in Basant Industries Vs Addl. Collector of Customs, Bombay [1995 (1) TMI 89 - SUPREME COURT OF INDIA] wherein it has been laid down that mere comparison of invoices received by the importer with the invoices of imports of same goods by other importer is not conclusive for determination of undervaluation. Appeal allowed - decided in favor of appellant.
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