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2009 (3) TMI 821 - AT - Customs
Issues:
1. Rejection of declared value of imported goods by customs.
2. Refixing of value based on contemporaneous price.
3. Alleged short levy and penalty imposition.
4. Legal contentions regarding valuation rules and reopening of assessment.
5. Interpretation of relevant case laws.
6. Decision on waiver of pre-deposit and stay order.
Analysis:
1. The appellants imported desiccated coconut powder, but the customs did not accept the declared value. The customs refixed the value based on contemporaneous price, leading to alleged short levy and penalty imposition.
2. The learned advocate argued that once the transaction value is rejected, the customs cannot reopen the assessment. He cited the decision of the Hon'ble Apex Court emphasizing the need for evidence of contemporaneous imports to support under-invoicing charges.
3. On the contrary, the SDR relied on previous tribunal decisions where the value in the export declaration was accepted over the invoice value. She argued that the appellants should be held accountable based on these precedents.
4. After careful consideration, the tribunal found that the revenue had already completed all processes by adopting the contemporaneous value. Therefore, they concluded that the revenue cannot reopen the assessment once the transaction value is rejected.
5. The tribunal referenced the South India Television case to support their decision, stating that the appellants have a strong case on merits. They ordered a waiver of the pre-deposit and issued a stay order on coercive actions by revenue until the appeal is disposed of.
6. The tribunal's decision ensures that the legal contentions raised by both sides will be examined thoroughly during the final hearing, maintaining the stay order even after the expiry of 180 days.
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