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2018 (2) TMI 420

Head Note / Extract:
Valuation - rejection of transaction value - contemporaneous imports - Held that: - The valuation of imported goods is required to be done in terms of Section 14 of the Customs Act, 1962, read with the Customs Valuation Rules, 2007. The transaction value of imported goods can be rejected only as per the provisions of Rule 12 of the Customs Valuation Rules - In the present case, in respect of 32 Bills of Entry pertaining to imports, certain documents were recovered during the course of search from the laptop and mobiles pones. From among the documents recovered from the laptop and mobile phone, the department has recovered the invoices/commercial invoices pertaining to the goods imported under these Bills of Entry. Such invoices indicate that the goods were procured by the appellant from the foreign supplier at significantly higher prices than what has been declared to the department at the time of filing Bills of Entry - the adjudicating authority has rightly rejected the transaction value of goods imported under the 32 Bills of Entry, in terms of Rule 12 of the Customs Valuation Rules, 2007.

There is no infirmity on the part of the adjudicating authority in re-determining the value of the past imported goods on the basis of such invoices - there is no need for the Revenue to collect evidence in the form of contemporaneous imports.

Appeal dismissed - decided against appellant.


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