Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Venture Impex Pvt. Ltd. Versus CC (Import & General) , New Delhi

2016 (4) TMI 368 - CESTAT NEW DELHI

Enhancement of value - Enhanced only on the basis of NIDB data without rejecting the transaction value - Import of goods describing as Stainless Steel Coils Grade 201 “Ex Stock” but found of prime quality and weight was also found in excess - Held that:- there is neither any allegation nor any evidence on record to show that the value agreed upon between the importer and the exporter does not reflect the correct position. As the similar issues are considered in number of earlier decisions it is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessable value of the imported items. Otherwise also, there is catena of decisions holding so. Therefore, the value cannot be enhanced. - Imposition of penalty - Held that:- imposition of penalty of ₹ 25,000/- on the importing firm is not justified in as much as the Appellate Authority has himself arrived at a finding in favour of the assessee. Having held that there was no malafide on the part of the importer, it was not proper for the Appellate Authority to impose penalty on the f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er. However, in spite of that department has imposed penalty on the importer. Therefore, the said part of the impugned order of Commissioner (Appeals) is self-contradictory, thus not calling for imposition of any penalty on the importer. - Decidde in favour of appellant with consequential relief - Customs Appeal No. 588 of 2010 - Final Order No. 51038/2016 - Dated:- 16-3-2016 - MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri R. Sa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g List, and Country of Origin Certificate as also Bill of Lading etc. The said goods were examined, at the time of clearance and the appraisal entertained a view that the goods were of prime quality and not of 201 Ex Stock . It was also noticed that in respect of one of bills of entries, the weight was in excess to the tune of 779 kgs. over the declared weight. 2. On the above basis, proceedings were initiated against the appellant by the way of issue of show cause notice for enhancement of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

same on redemption fine of ₹ 1,00,000/- and imposed penalty of ₹ 2,00,000/- each on the importing firm as also on Director of the importing firm. 3. On appeal against the above order, the Commissioner (Appeals) made two observations : as regards the quality of the goods, he observed that Adjudicating Authority has not brought out any evidence on record that the goods imported by the appellant were of prime quality and not of Grade 201 Ex Stock . He also observed that there is nothin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the goods and the same was not done at his instance/direction and also the difference in weight is small as compared to the total weight of the impugned goods, the gravity of main allegation of mis-declaration is much less. Further more, the involvement of the Director has not been brought out and his involvement is being presumed. By observing so, he reduced the penalty to ₹ 25,000/- on the firm and ₹ 5,000/- on the Director. 4. As regards valuation, he observed as under :- 13. The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the contention of the appellant is not correct and the enhancement of value has correctly been done on the basis of NIDB data as per law and as per the rationale in the subject Order-in-Original . Hence, the present appeal. 5. The appellant s grievance is that the value has been enhanced only on the basis of NIDB data without rejecting the transaction value. There is neither any allegation nor any evidence on record to show that the value agreed upon between the importer and the exporter does no .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in as much as the Appellate Authority has himself arrived at a finding in favour of the assessee. Having held that there was no malafide on the part of the importer, it was not proper for the Appellate Authority to impose penalty on the firm. However, learned Advocate fairly agrees that the Director of the firm has not filed a separate appeal. 6. Countering the above arguments, learned DR appearing for the Revenue submits that the goods were found to be of prime quality by the examiner, at the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the goods were of prime quality instead of the same being Grade 201 Ex Stock are depending upon the visual examination of the goods by the Appraiser at the time of clearance of the goods. As rightly observed by Commissioner (Appeals), there is factually no evidence on record to reflect upon the said fact. Admittedly Appraisers cannot be held to be an expert in the field and his opinion, based upon the visual examination, cannot be equated with an experts opinion on the subject. No tests have b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| 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