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2017 (12) TMI 107

Head Note / Extract:
Misdeclaraion of imported goods - According to the Revenue, the goods were to be graded only as Grade “A” and “AA” whereas the assessee had graded the goods under the grades A, B and C - Section 130E(b) of the Customs Act, 1962 - Held that: - Insofar as grading is concerned, apart from the letter dated 22.12.2000 of the Board of Foreign Trade, Ministry of Economic Affairs, Taiwan confirming that grades B, C and D also exist, what was available on record is an intra-departmental communication dated 12.04.1999 - The above materials, according to the learned Tribunal, were sufficient to reverse the finding of the primary and the First Appellate Authority on the point of grading.

Valuation - evidence of contemporaneous value of the imported yarns i.e. Partially Oriented Yarn of Polyester (POY), Polyster Textured Yarn (PTY) and Polyester Filament (PFY) - Held that: - The finding of the learned Tribunal is that almost half of number of the said bills of entry relating to each item of Yarn i.e. POY and PFY did not pertain to the yarns imported by the assessee and, in case of the rest, there was a variance in the price mentioned in the aforesaid bills of entry and those in the standing order; yet the prices mentioned in the said standing order were adopted to determine the transaction value.

Tribunal thought it proper to take the view that the claim of the Revenue on the basis of contemporaneous records is not established and what was done was a determination/assessment based on the standing order which is prohibited by Rule 8(2) (v) of the Customs Valuation Rules, 1988 - If the basis on which the learned Tribunal had arrived at its conclusion and thought it proper to reverse conclusions of the primary and First Appellate Authority is to be considered in the light what has been stated above we will have no hesitation in coming to the conclusion that in the present case the learned Tribunal has arrived at a conclusion which is possible and permissible upon due consideration of the relevant materials.

Appeal dismissed - decided against appellant.


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