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2015 (11) TMI 1148 - AT - CustomsDemand of differential duty - Undervaluation of goods - Confiscation of goods - Penalty u/s 117 - Misdeclaration of goods - Held that:- Appellant had provided contemporary prices of goods imported from the same supplier. This fact has not been considered by the authorities below before arriving at their decision. In these circumstances resorting to Rule 8 of the Valuation Rules without considering contemporaneous prices is not correct legally in terms of the Customs Valuation Rules. Under these Rules the process of re-determining value has to be followed sequentially Rule by Rule. On the other hand, we find that the adjudicating authority has referred to contemporaneous prices extracted from certain Bill of Entry. It is seen that the evidence in the form of Bills of Entry was not provided to the appellant thus, violating the principles of natural justice. The evidence of market enquiries was also not produced before the appellant in the case of watch cells nor were the market enquiries conducted in the presence of the appellant. In this view of the matter, we find that the matter requires fresh consideration after observing principles of natural justice in terms of the observations made - Matter remanded back - Decided in favour of assessee.
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