Home Case Index All Cases Customs Customs + SC Customs - 2005 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (9) TMI 84 - SUPREME COURTValuation (Customs) - Transportation cost - Held that:- respondents may be correct in their submission that they had given a firm basis for the cost of transportation and that the Customs Authorities themselves had not been able to adduce any contrary evidence on the basis of which they could impugn the rate disclosed. Be that as it may, we note that at the time of the hearing before the Commissioner, Counsel for the respondent No. 1 did put forward an alternative submission to the effect that since in all the cases of import the freight was not readily ascertainable the same could be determined on the basis of 20% of the FOB value and he expressed his readiness to pay the duty so calculated. Before us, the appellants submit through the learned Additional Solicitor General that, they are willing to accept this offer - In the circumstances and without disturbing the other findings of the Tribunal relating to the quashing of the Penalty and interest and to the Brazil imports, we dispose of these appeals by directing the respondent No. 1 to pay the cost of transportation in respect of the Bahrain imports at 20% of the FOB value. It is being made clear that this direction will not be the basis of any penalty or interest to be levied against respondent No. 1 or any of their officers - Decided in favour of Revenue.
|