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2023 (8) TMI 1158 - CESTAT MUMBAIValuation of imported goods - hydraulic pumps - rejection of declared value - enhancement of value at the price at which identical goods imported - HELD THAT:- The adjudicating authority has adopted the value in the bill of entry for assessment of ‘hydraulic pumps’ imported by M/s Shashi Charu Hydraulics Ltd and these have been deemed as ‘identical goods’ for comparison. The impugned order has not offered any justification for acceptance of the compared imports as either ‘identical’ or ‘similar’ goods - It is also found that the prices used for comparison are not of contemporaneous relevance. Thus, even if rule 10A of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 has been validly invoked, failure to follow through with eligible alternatives under Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 stultifies recourse to section 28 of Customs Act, 1962 and other detriments. The impugned order set aside - appeal allowed.
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