Home Case Index All Cases Customs Customs + AT Customs - 2009 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (2) TMI 302 - AT - CustomsAppellant imported used Pentium III Computers, monitors including power cables, etc. Appellant filed Bills of Entry for the said consignments and also filed Chartered Engineers certificate as regards the value of the imported consignments. Lower authorities in all the cases except in two cases did not accept the value as certified by the Chartered Engineer, enhanced the value, consequently holding goods liable for confiscation and imposed penalty. – There is no evidence that the appellant had paid extra amount to the foreign supplier through channels other than banking channels. In the absence of evidence, we hold that the transaction value has to be accepted. Therefore, on the valuation aspect, we allow the party’s appeal. - Held that rejection of Chartered Engineer Certificate without any reason is not proper - The assessable value has to be worked out by adding actual amount of insurance charges, and not at a notional rate - Since these goods were non-declared, the concession of redemption fine of 10% and penalty of 5%, respectively, of the assessable value will not be available to the appellant. - It is undisputed that import of second-hand used computers needs a Special Import Licence, without which they are liable to confiscation
|