Home Case Index All Cases Customs Customs + AT Customs - 2023 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 200 - CESTAT MUMBAIClassification of imported goods - Ultrasonic Cleaner - misdeclaration of description and value of the goods - change of classification from declared CTH 84239020 to CTH 90610010 - rejection of declared value - HELD THAT:- No reason has been given in the Impugned order for rejecting the transaction value except stating that the goods were miss-classified. It is settled law that miss classification of the goods cannot be the reason for rejection of the declared value which is determine on the transaction value between the supplier of the goods and the receiver in the course of international trade. Hon'ble Supreme Court has consistently held that the proper reason for rejection of the transaction value needs to be recorded. It is not even the case that these Ultrasonic Cleaners were not complete or sold in the market for addition of some other value. Hence the deducted value as per Rule 7 of Custom Valuation Rules method applied by the revenue without rejecting the transaction value cannot be justified. Appellant does not dispute any other part of the order. Reassessment order as per the impugned order should be done on the basis of the transaction value declared by the appellant at the time of assessment. With the notification impugned order is upheld. Appeal partly allowed.
|