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2021 (10) TMI 721 - AT - CustomsValuation of imported goods - related party transaction - rejection of declared value - failure of the appellant to submit evidence of identical/contemporary imports - imports of Rexona antiperspirants, comprising 150 ml units of ‘Free Spirit’, ‘Cotton’, ‘Icecool’, ‘Ionic’ and 75 ml units ‘Icecool’ and ‘Power’ brands - HELD THAT:- The benchmark for ascertainment of assessment is the ‘rate of duty’ in section 12 of Customs Act, 1962 and, to the extent of ad valorem rate, to be governed by the valuation scheme of section 14 of Customs Act, 1962 - the order disputed before the first appellate authority, and now before us, bears no evidence of such procedural or substantive compliance. Nor is there anything on record to instill confidence in us that such finalization has not been undertaken in the inter regnum with no possibility of our jurisdiction being invoked against those determinations, if any, of differential duty. We are not confronted with determination of differential duty to be recovered in the consignments covered by the three bills of entry. That is yet to be undertaken or, if it has been, would be at some stage in the appellate hierarchy - In the absence of re-assessed bills of entry, we have before us, at best, a piece-meal determination which, being premature, would be inappropriate to dispose off. Order set aside - Matter remanded back.
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