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2013 (8) TMI 796 - AT - CustomsProvisional assessment – Demand of differential duty – Interest u/s 111(m) – Confiscation of goods – Penalty u/s 114A - Assesse had satisfied all the guidelines prescribed – Held that:- The question of re-determination of value under Rules 5 to 8 of the Customs Valuation Rules did not arise at all – relying upon - Eicher Tractors Ltd. v. Commissioner of Customs, Mumbai [2000 (11) TMI 139 - SUPREME COURT OF INDIA ] - Order for re-determining the value of the machinery under importation was not sustainable in law -the confiscation of the goods and imposition of fine and penalty were also not sustainable in law - Only in special circumstances particularized in Rule 4(2) of the Customs Valuation Rules, 1988, valuation needs to be done under the Customs Valuation Rules. If these special circumstances are absent, it is mandatory for the Customs to accept the price actually paid or payable for the goods in the particular transaction; conversely, if the transaction value can be determined under Rule 4(1) and does not fall under any of the exceptions in Rule 4(2), there is no question of determining the value under the subsequent Rules – Decided in favor of assesse.
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