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M/s TDT Copper Ltd. Versus Union of India And Another

2015 (9) TMI 1075 - PUNJAB & HARYANA HIGH COURT

Valuation of goods - Reassessment of bill of entry - Held that:- The order passed by the Commissioner (Appeals) nowhere gives any justification for accepting the declared value by giving the reasons for the same. In the absence of any cogent reasons, direction for accepting the declared value by the Commissioner (Appeals) was unjustified. Accordingly, the Tribunal was right in staying the operation of the impugned order in appeal with regard to direction for reassessment of the bill of entry on .....

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l (in short, "the Tribunal") in Customs Stay Application No.55163 of 2014 filed by the revenue in Customs Appeal No.54498 of 2014, claiming following substantial questions of law:- "i) Whether in facts and circumstances of present case, the learned Tribunal was justified in staying the operation of the order passed by Commissioner of Central Excise (Appeals) Delhi III even though the appeal itself was not maintainable in its present form? ii) Whether the learned Tribunal was justi .....

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riff Act, 1985 and is the third largest copper producing company in the country having turnover in the range of approximately of ₹ 1000 crores. For its requirement of raw material in the shape of copper cathode, the appellant had been regularly importing the aforesaid material from Switzerland and United Kingdom. The imports made by the appellant are around 1000 to 1500 MT per month and a custom duty of approximately ₹ 10 crores is paid per month. In the normal course of business, th .....

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o USD 7176.25 within the quotational period as per pricing certificate issued by the foreign supplier. Based on the above transaction, the appellant had imported a consignment of 100.828 MT copper cathode and filed bill of entry dated 3.11.2013 declaring transaction value of ₹ 7176.25 USD/MT as per invoice dated 6.9.2013, Annexure A.7. According to the assessee, the imported consignment is allowed to be cleared only after the custom duty as assessed by custom authorities is paid even on th .....

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treatment by the authorities and the appellant was forced to pay the custom duty in excess calculated on a value other than the normal transaction value in terms of Section 14 of the Act. Feeling aggrieved, the appellant filed various appeals before the Commissioner (Appeals), Central Excise,Delhi III at Gurgaon. Vide order dated 24.3.2014, Annexure A.10, the Commissioner (Appeals) allowed the same observing that the declared value was corresponding to the invoices accompanying the consignments .....

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nnexure A.13 in the stay application whereby operation of the order in appeal passed by the Commissioner (Appeals) dated 24.3.2014 with regard to the direction for reassessment of the bill of entry on declared value has been stayed. Hence the instant appeal by the assessee. 3. We have heard learned counsel for the parties. 4. The appellant is aggrieved by the interim order dated 24.11.2014, Annexure A.13 passed by the Tribunal staying the operation of the impugned order in appeal passed by the C .....

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unsel for the revenue submitted that the Commissioner (Appeals) was remiss in directing reassessment of the bills of entries by accepting the declared value. According to him, the direction containing the words "accepting the declared value" could not be given as no special reasons had been given by the Commissioner (Appeals) for doing so. 7. We find force in the submissions of learned counsel for the revenue. 8. The Commissioner (Appeals) while accepting the appeal of the appellant an .....

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