Home Case Index All Cases Customs Customs + AT Customs - 2016 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 1118 - AT - CustomsValuation - import of Crystal beads of marquise shaped glass with coating on its back - whether enhancement in declared value has been correctly made and upheld by the lower authorities with respect to glass beads/Chattons imported by the appellant? - Held that:- The customs authorities are bound to assess duty on the transaction value and does not allow the department to ascertain an imaginary value based on the basis of DOV data. Only in exceptions specified in Section 14 of the Customs Act, 1962 can the department follow Customs Valuation Rules. The supplier of glass beads and importer are not related persons and there is no evidence on record that any amount in excess of what has been declared by the appellant has been repatriated by the appellants. Thus there is no ground for rejecting the transaction value. Appellant has been importing the same goods at the declared/invoice value and no objection was raised for those contemporary imports of the appellant. There is also no evidence on record whether contemporary imports relied upon by the department are Identical goods or similar goods as defined in Rule 1(c) & 1 (e ) of the Customs Valuation (Determination of Imported goods) Rules 1988. There is thus no reason to doubt the declared/invoice value paid by the appellant - enhancement of assessable value in the present proceedings is arbitrary and not justified. Appellant has declared the same description what is given in the invoice/customs documents not only in the present bill of entry but in the other imports of the same appellant. Assessable value of the synthetic glass beads is showing vide variations from ₹ 9.20/kg. to ₹ 19,069/- per kg. There is no wilful misstatement on the part of the appellant or any evidence indicating that some extra amount has been repatriated to the supplier for the present consignment. - confiscation of imported goods and imposition of penalty not attracted. The decision in the case of Eicher Tractors Ltd. Vs. C.C., Mumbai [2000 (11) TMI 139 - SUPREME COURT OF INDIA] followed. Appeal allowed - decided in favor of appellant.
|