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2015 (11) TMI 1151 - CESTAT MUMBAI

2015 (11) TMI 1151 - CESTAT MUMBAI - 2016 (331) E.L.T. 126 (Tri. - Mumbai) - Valuation - determination of transaction value - related person - Held that:- when import of identical cars have been made at lower values which are comparable to the value declared at the time of filing Bill of Entry for sale of the cars imported under Carnet, there is no justification to take the higher value mentioned in the Carnet. The appellant gave specific Bills of Entry Nos. 543752, 544155, 510318 under which co .....

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uenced the price and had consequently accepted the declared prices. Therefore, we find no reason to differentiate between the cars imported under Carnet and the cars imported otherwise. - Valuation under Section 14 clearly provides that the value shall be the transaction value where the buyer and seller are not related. In the present case even though buyer and seller are related it is established by the SVB order that the price has not influenced the relationship. Therefore, the transaction val .....

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he appellant M/s. Daimler Chrysler AG, Germany had imported three cars into India against an ATA Carnet for the purpose of exhibition at Auto Expo. After exhibition, they obtained permission to sell the cars to the appellant from the Government on 9.4.2002. Bills of Entry No.86, 87 & 88 all dated 20.5.2002 were filed. The value declared on the Bills of Entry was substantially lower than that on the Carnet document. The adjudicating authority ordered the assessable value to be taken as Carnet .....

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mitted under the Bill of Entry and Shipping Bill Regulations 1990 provides for declaration of value which is the commercial value in the country of issue. He also submitted that during the same period the cars imported by them on regular basis were assessed provisionally and they had paid 1% Revenue Deposit. He referred to regular imports of same three models of cars imported under specific Bills of Entry around the same time when the cars were imported under the Carnet, at the lower prices as c .....

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2.2011 and 11.2.2015 and the operation of the order dt. 27.1.2005 was continued. 5. The Ld. AR appearing for Revenue reiterated the findings of the lower authorities. He stated that in terms of the valuation provisions the declared value as on the Carnet has to be accepted. 6. We have carefully considered the facts of the case and submissions made by both sides. 7. We find that goods imported under ATA Caret are allowed duty free in terms of Notification No. 157/90-Cus dated 28.3.1990. Normally, .....

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declared in the Carnet. But the Carnet Form, which acts as a substitute for Bill of Entry at the time of import under Carnet, clearly states that the value declared in the form is the commercial value in the country of its issue. The value in the country of exportation is required to be declared for purposes of insurance and for purposes of Bank Guarantee which is submitted by the exporter to the Automobile Association which in turn guarantees the re-import of the car. In this particular case wh .....

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