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2017 (11) TMI 89 - AT - Central ExciseValuation of imported goods - old and used machines - enhancement of value - appellant have accepted the enhanced value and has cleared the goods by paying duty on such enhanced value - principles of natural justice - Held that: - It is a matter of common experience that the importers, clear the goods, by payment of duty on the enhanced value, inasmuch as the goods imported by them are required and cannot be allowed to be retained by the Customs as the same incurr demurrage and other expenses. It is again a fact of common knowledge that settlement of dispute take years and the imported goods cannot be allowed to be deteriorated in quality till the final out-come of the dispute. Inasmuch as the machines imported by the appellant were required in the assessee s factory, the same were cleared by them on payment of the duty on enhanced value and this fact by itself cannot be adopted as a ground for resolving the disputed issue of valuation. As regards the valuation issue, we note that the same has been enhanced at the time of assessing bills of entries itself on the basis of the opinion of Chartered Engineer. On going through the said opinion, we note that he has not given the value of old and used machine but has only indicated the value of the new machines that too without any basis. Revenue has not adduced any evidence to show flow of any under hand consideration to the supplier of the goods. As per the settled law, the transaction value has to be adopted as correct assessable value for the purposes of payment of duty unless the same is proved to be incorrect, on the basis of positive and tangible evidences. Apart from expressing doubt about the correctness of the transaction value, in the present case, the Revenue, upon whom onus is placed, has not produced any evidence to reflect upon the inaccuracy of the transaction value. In such a scenario, we are of the view that transaction value has to be adopted the correct assessable value. Appeal allowed - decided in favor of appellant.
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