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2018 (10) TMI 1158 - AT - CustomsValuation of imported goods - enhancement of value based on NIDB data - mis-declaration of imported goods - It appeared to revenue that description and quantity of Iron and Copper scrap was different than declared and they were found to be in mixed form. Valuation - Held that:- In the case of Aarti Impex [2013 (9) TMI 29 - CESTAT NEW DELHI] no issue related to reliance to be placed on NIDB data for enhancement of value under the provisions of Section 14 of Customs Act, 1962, was made - Further this Tribunal in the case of M/s Shiva Alloys Pvt. Ltd. [2005 (12) TMI 322 - CESTAT, NEW DELHI] has held that LME prices are, at best only indicative and are not final and conclusive, to enable relying upon the same for enhancement of value. Appellant’s appeal is allowed in so far as valuation aspect is concern - the value declared by the appellant through the said Bill of Entry No.5634075 dated 28.05.2014 is restored. In so far as declaration about goods was concerned, the appellant declared that they imported 1.68 MTs of Copper Scrap whereas it was found that 2.1304 MTs Copper Scrap was imported and Copper and Iron Scrap were mixed, as found during examination - this impugned order is not interfered with, in so far as the same is concerned about mis-declaration, confiscation, imposition of redemption fine and penalty. The appeal is allowed on the issue of valuation and rest of the appeal is rejected.
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