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2017 (4) TMI 1042 - AT - CustomsHigh seas sales - Valuation - The imports made in the name of M/s. S B International, and subsequent purchase of the goods on high sea sales basis from them - It stands recorded in the impugned order that contemporaneous import of identical or similar goods was not available - Held that: - It is Revenue’s own case that the goods in the present case are telescopic channels and drawers rather than the simple channels. If that be so, if telescopic channels are imported at the same price as is clear from another Bill of Entry, we really fail to understand as to how the other Bill of Entry are not contemporaneous and value shown in them cannot be adopted. The adjudicating authority has further rejected the evidence of contemporaneous imports by observing that whereas the goods in the present case were bought on high sea basis and imports at Kolkata were direct, the same cannot be considered to be at the same commercial level. We find no merits in the above distinction made by the adjudicating authority, as the import on high sea sale basis has no relevance for the purpose of value - as the appellant has been able to establish the contemporaneous imports the value of which is almost near to the values declared by the appellant, the enhancement is unsustainable. Valuation in USD and time gap of the import of goods, subsequent period taken for sale etc, are valid grounds to reflect upon the expenses which the importer may incur to further dispose of his goods in India. Appeal allowed - decided in favor of appellant.
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