New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (12) TMI 1436 - CESTAT MUMBAI

2015 (12) TMI 1436 - CESTAT MUMBAI - 2016 (332) E.L.T. 376 (Tri. - Mumbai) - Valuation of goods - enhancement in value of goods - Held that:- Though in the adjudication order the authority has relied upon the price of contemporaneous goods, but no any evidence in support of contemporaneous import was adduced. The goods imported by the appellant is rags which admittedly a residual product. The residual product cannot be of standard quality. As regards its characteristics, quality, size, shape, co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e to the said deficiency in the whole proceeding, we are of the considered view that there is no sufficient basis for revenue to enhance the value of imported goods - Decided in favour of assessee. - Appeal No. C/355/04 - Final Order No. A/2752/2015-WZB/CB - Dated:- 12-8-2015 - Shri P.S. Pruthi, Member (Technical) And Shri Ramesh Nair, Member (Judicial) For the Petitioner : Mr. A. K. Prabhakar, Advocate For the Respondent : Mr. D. K. Sinha, A. C. (AR) ORDER Per : Ramesh Nair The Appeal is direct .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ries. It was noticed by the appraising group III that goods have been imported at lower price than the prevailing international market price. The goods were provisionally released on execution of PD Bond/Bank Guarantee/Revenue deposit pending enquiries in the matter. The Additional Commissioner adjudicated the case and ordered to enhance the value as per the prevailing international market price. Aggrieved by the original order, the appellant filed the appeal before Commissioner (Appeals), Mumba .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed by this impugned order, the appellant is before us. 3. Shri A. K. Prabhakar, Ld. Counsel for the appellant submits that both the lower authorities enhanced the value on the contemporaneous price obtained in relation of similar goods during November 1998 to November 1999, however no material was ever produced by the department in support of contemporaneous price of goods. He further submits that before applying the said contemporaneous price, the revenue has not verified the various aspects su .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version