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2017 (10) TMI 468 - AT - CustomsValuation of imported goods - Mix Stock Lot of Alcoholic Beverages - rejection of declared value - The declared values for various types of alcoholic beverages are admittedly lower than the prices noticed by the customs in the case of other imports. Through the impugned order, the assessable value of various items have been enhanced on the basis of various bills of entry indicated in the SCN - Held that: - As per the scheme of valuation under the Customs Act 1962, as per Section 14, the transaction value is required to be accepted for assessment purposes except in circumstances, outlined in Rule 3 (earlier Rule 4) of the Custom Valuation Rules. Unless the price actually paid for the transaction falls within the exceptions, customs authorities are bound to assess the duty on the transactional value. The adjudicating authority has not recorded any specific reason for disregarding the transaction value, other than the suspicion that values are mis declared as seen by comparison with various other bills of entry, as is cited in the show cause notice - rejection of the transaction value was not strictly in terms of the provisions of Customs Act read with the Customs Valuation Rules. The rejection of transaction values by the adjudicating authority on the basis of bills of entry of prime goods cannot be approved. Allegations of mis-declaration of value on the above basis also cannot be sustained. However, the enhancement in value ordered by the customs appraiser on the basis of data of stock lot goods which stand admitted by the importer at the time of assessment is upheld. Appeal allowed in part.
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