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2019 (2) TMI 973 - AT - CustomsValuation of imported goods - automobile motor parts such as Heat Exchanger, Condenser and magnetic clutch assemble - identical/similar goods - reliance placed on contemporary price after a long period - Held that:- The Revenue is attempting and comparing the quality product imported by M/s Sanden which is reputed supplier and the imported goods are branded one. We also find that the import in this case has already been assessed finally and cleared after examination thereof. The demand cannot be raised after the gap of 4/5 years on the basis of alleged contemporaneous import price. It is on record that the alleged contemporaneous price of M/s Sanden Vikas was available with the assessing officer at the time of import but the same was not considered at that time considering these to be of different quality. The reliance cannot be placed on the same contemporary price after such a long period. The impugned order is bad in law and not sustainable - appeal allowed - decided in favor of appellant.
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