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2008 (10) TMI 317 - CESTAT, MUMBAIUndervaluation – enhancement of value - Market enquiries were conducted from well known shops selling goods identical to impugned goods – correlation of goods enquired and impugned goods - The persons from whom enquiries were conducted have clearly stated that the price of the goods is much higher than the price declared by the importers - It is not necessary that actual sale invoice referring to the total quantity is to be furnished by the persons from whom the enquiries were made, for the reason that it is almost impossible to expect the shopkeepers to provide the actual sale invoice of such goods. Further, the report that the value of the goods is much higher than what was declared by the importer is also corroborated by the importers own statement that the goods had been undervalued about 25%. Therefore, the finding of the Commissioner (Appeals) setting aside the enhancement of value is set aside. - Once we have held that the value of the goods is required to be loaded, commensurate with the value of the goods, the fine and penalty amounts are required to be enhanced
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