9911796707
TMI BlogDeclared value of imported goods cannot be enhanced merely on the basis of NIDB dataX X X X Extracts X X X X X X X X Extracts X X X X ..... Declared value of imported goods cannot be enhanced merely on the basis of NIDB data - By: - Bimal jain - Customs - Import - Export - SEZ - Dated:- 11-2-2015 - - Dear Professional Colleague, Declared value of imported goods cannot be enhanced merely on the basis of NIDB data We are sharing with you an important judgment of Hon ble CESTAT, Chennai, in the case of Topsia Estates Pvt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. Vs . Commissioner of Customs, Chennai 2015 (1) TMI 750 - CESTAT CHENNAI on the following issue: Issue: Whether the Declared value of imported goods can be enhanced merely on the basis of NIDB data ? Facts and background: Topsia Estates ( the Appellant or the Company ) imported PU Coated Fabrics ( impugned goods ) of various thicknesses from C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hina and filed 24 Bills of Entry during the period from November, 2012 to July, 2013. The Assessing Officer enhanced the declared value of impugned goods based on National Import Data Base ( NIDB ) data under Rule 9 of the Customs Valuation Rules, 2007 ( the Valuation Rules ). The Appellant paid duty under-protest. On appeal being filed to the Ld. Commissioner (Appeals), the same was rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. Being aggrieved, the Appellant preferred an appeal before the Hon ble CESTAT, Chennai. Before the Hon ble CESTAT, Chennai, the Appellant submitted as under: The Company have been importing impugned goods from various ports such as Chennai, Kolkata etc., and the value of impugned goods depends on the country of origin, quality, size, quantity etc; In another case, the Company imported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned goods from Kolkata Port for which the Adjudicating Authority enhanced the declared value and when the Commissioner (Appeals) set aside the Adjudication Order, no appeal was filed by the Department. Even the Company have also got the refund; In present case, the Adjudicating Authority has wrongly enhanced the value of the impugned goods as it is well-settled by the Hon ble Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and the Tribunal that the Transaction value cannot be rejected merely on the basis of NIDB data and Rule 9 of Valuation Rules cannot be invoked. On the other hand, the Revenue contented that the value of PU Coated Fabrics is a contentious issue for a long time. The declared value of impugned goods is on the lower side in comparison to NIDB data relating to the goods of same description, sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e country of origin and similar quality. Held: The Hon ble CESTAT, Chennai relying upon the decision of the Hon ble Supreme Court in case of Eicher Tractors Ltd. Vs. Commissioner of Customs 2000 (11) TMI 139 - SUPREME COURT OF INDIA which was followed by the Tribunal in various decisions, held that since there was no evidence of higher value of contemporaneous import from same s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ources and no allegation of mis-declaration of impugned goods, declared value cannot be enhanced merely on the basis of NIDB data. In the present case, Rule 9 of the Valuation Rules cannot be invoked. Hope the information will assist you in your Professional endeavors. In case of any query/ information, please do not hesitate to write back to us. Thanks and Best Regards, Bimal Jain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FCA, FCS, LLB, B.Com (Hons) Delhi: Flat No. 34B, Ground Floor, Pocket - 1, Mayur Vihar, Phase - I, Delhi - 110091, India Desktel: +91-11-22757595/ 42427056 Mobile: +91 9810604563 Chandigarh: H. No. 908, Sector 12-A, Panchkula, Haryana - 134115 Kolkata: Ist Floor, 10 R G Kar Road Shyambazar, Kolkata - 700 004 Email: [email protected] Web: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... www.a2ztaxcorp.com Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the authors nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this document nor for any actions taken in reliance thereon. Readers are a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvised to consult the professional for understanding applicability of this newsletter in the respective scenarios. While due care has been taken in preparing this document, the existence of mistakes and omissions herein is not ruled out. No part of this document should be distributed or copied (except for personal, non-commercial use) without our written permission. - - Scholarly articles for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
