Home Case Index All Cases Customs Customs + AT Customs - 2022 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 336 - AT - CustomsValuation of Vessel - Whether the transaction value of the vessel is to be priced mentioned in the original MOA or the reduced price indicated in the addendum? - HELD THAT:- In light of the statutory provisions, the factum of actual payment of the price in terms of the addendum cannot be ignored while determining the value of the vessel under Section 14 of the Act. In such a situation the genuineness and the necessity of reduction in the price are required to be scrutinised very carefully. In the present matter, it is noticed that the Ld. Commissioner (Appeals) passed the impugned order only by relying the finding of lower adjudicating authority - In the instant case, the Ld. Commissioner (Appeals) has not examined the genuineness of the addendum, and has proceeded to reject the appeal of the appellant. The Commissioner (Appeals) did examine the cogency of the reasons for price reduction. The Commissioner (Appeals) needs to examine the matter afresh - the matter is remitted back to the Commissioner (Appeals) for fresh consideration, particularly in relation to the genuineness of the addendum entered into between the appellant and the supplier - appeal allowed by way of remand.
|