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2019 (7) TMI 1998 - AT - CustomsSeeking rectification of mistake - error apparent on the face of record - scope for reliance on value of contemporaneous imports - extended period of limitation - HELD THAT:- It was admitted by the Learned Counsel that the decision pertaining to adoption of contemporaneous price has been cited. Even though the decisions may not have been referred to, the scope for invoking of rule 5 of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 has been dealt with in the fifth paragraph of the said order. Moreover, with the introduction of rule 10A in the said Rules, the consequence thereof stand substantially altered from those under the pre-amended rules. By invoking of rule 10A of the said Rules, assessing authority/value determining authority is required to carry the process of re-valuation through to its logical conclusion by sequential application of the several rules - In the absence of any counter to the invoking of rule 10A of the said Rules, the consequence thereof can be disputed only by bringing on record any specific details that may have a bearing on the adjustment for arriving at the assessable value. No such evidence was presented during the hearing and neither is any such averment. Redemption fine was set aside by placing reliance upon the decision in COMMISSIONER OF CUSTOMS (IMPORT) , MUMBAI VERSUS FINESSE CREATION INC. [2009 (8) TMI 115 - BOMBAY HIGH COURT]. The mis-declaration, referred to in the eighth paragraph of the said order, pertains to the entries made at the time of import and, therefore, held that confiscation was not warranted. The elements prescribed for invoking the extended period are entirely different and the submissions made on behalf of the appellant during the course of the hearing did not persuade that ingredients were not lacking. This has been amplified sufficiently in order. While sustaining the invoking of the extended period for the purpose of confirmation of the duty liability, the penal detriments were set aside - the application is rejected.
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