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2016 (12) TMI 567 - CESTAT NEW DELHIRejection of declared value - re-determination of value based on NIDB data - Sodium Saccharin - Held that: - Transaction-value cannot be enhanced merely based on NIDB data and on the contents of a Proforma Invoice issued for the goods of Chinese origin, which is different from the origin of the subject goods, unless NIDB data is for contemporary imports of all comparable goods only. The Proforma Invoice of Chinese Company is also of not much significance as origin of present goods is Taiwan and not China. The revenue has also not given any evidence that there has been payment of extra money to the supplier to compensate for the alleged under-valuation by the appellant importer. Thus, there are not enough evidences for rejection of transaction value for the present imports. In this regard CESTAT Delhi in case of Commissioner of Customs v/s Modern Overseas [2005 (2) TMI 202 - CESTAT, NEW DELHI] has held that the transaction value can be rejected on the basis of reasonable and cogent evidence of contemporaneous import of identical/similar goods. The comparable goods need to have same country of origin and has to be at same commercial level. The enhancement of the value which was done mainly based on NIDB data and Profoma Invoice of the Chinese manufacturer cannot be sustained - appeal allowed - decided against Revenue-respondent.
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