Home Case Index All Cases Customs Customs + AT Customs - 2019 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 392 - AT - CustomsValuation of imported goods - 100% polyester knitted fabric (Rolls of Assorted Colour and Weight) - rejection of declared value - enhancement of transaction value based on contemporaneous import price of similar goods - HELD THAT:- If there is any doubt about the transaction value declared by the assessee, then if at all the value of contemporaneous import needs to be applied, the value of identical goods or similar goods should be applied. However, in the present case though the Bills of entry of contemporaneous import were relied upon, the adjudication authority failed to ascertain that whether the goods of contemporaneous imports is identical or similar to the goods of the assessee in the present case. No effort was made by the adjudicating authority to ascertain quality, quantity, characteristics of the goods of contemporaneous import. In the present import without carrying out any test to the fact that goods of contemporaneous import and the goods in question in present case are identical or similar, enhancement of the value is not legal and correct. It is also observed that other than Bills of entry of contemporaneous import, there is no other evidence to show that the assessee have suppressed the value - Therefore, it is incumbent on the adjudicating authority to first ascertain the parameters of quality, quantity, characteristics of both the imports, i.e. contemporaneous imports and goods imported in the present case. Accordingly, the entire matter needs to be relooked. The matter remanded to the adjudicating authority for passing a fresh order - appeal allowed by way of remand.
|