Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

M/s Innobiz Electronics Pvt. Ltd. Versus Commissioner of Customs, Tuticorin

2017 (1) TMI 1305 - CESTAT CHENNAI

Valuation - Levy of CVD on MRP based value - import of induction cookers in SKD - goods are subject to quality testing - Whether the enhancement of value of goods imported under the three bills of entry was in accordance with Customs Valuation (Determination of Price of Imported Goods) Rules, 2007? - Held that: - reliance placed in the case of EICHER TRACTORS LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI [2000 (11) TMI 139 - SUPREME COURT OF INDIA], where it was held that if the transaction value .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rical consumer goods, are required to be subject to testing before they can be marketed. Hence, the goods are, as yet, not subject to the provisions of Legal Metrology Act, 2009 in its imported form - When the imported products are not permitted for sale to the consumer as such without mandatory testing, the classification under Customs Tariff Act, 1975 cannot provide the escapement from Legal Metrology Act, 2009. Goods that are not subject to the prescription of declaring the 'maximum retail pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o. 19/2013 dated 12th February 2012 of Commissioner of Central Excise & Customs, Tiruchirapalli relating to import of 'induction cookers' which were found to be undervalued and in which differential duty of ₹ 12,90,947, on consignments covered by bills of entry no. 3579164/23.5.2011, 457789/ 15.4.2009 and 2818097/21.2.2011, was confirmed along with interest thereon. The goods under import in bill of entry no 3579164/23.5.2011 were confiscated and allowed to be redeemed on payme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

up for disposal in this common order. 2. M/s Innobiz Electronics Pvt Ltd is alleged to have misdeclared its imports as 'spare of induction cookers to evade the assessment to duty on 'maximum retail price' and also undervalued the imports. One consignment covered by bill of entry no. 3579164/23.5.2011 was subjected to examination and was ascertained as comprising 274 cartons and 5 polypropylene bags against declaration of 250 cartons. These were packed with removable sockets which, on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

arned Counsel for appellant and Learned Authorized Representative and have perused the records pertaining to the appeals. One issue for determination is whether the enhancement of value of goods imported under the three bills of entry was in accordance with Customs Valuation (Determination of Price of Imported Goods) Rules, 2007. The second issue for determination is whether the imported goods are 'induction cookers' and, if they are, whether the provisions of section 4A of Central Excis .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

or assessment as transaction value. 5. On a perusal of the impugned order, as well as order-in-original, we find that the declared value was not found acceptable as transaction value in view of the admission in statements of the partner that the payable invoiced values were different. We therefore, find no reason to interfere with the resort to Rule 12 of Customs Valuation (Determination of Price of Imported Goods) Rules, 2007 for not accepting the declared price. However, the law is also well-s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Court thus in Eicher Tractors Ltd., Haryana vs Commissioner of Customs, Mumbai [2000 (122) ELT321 (SC)] 'Both Sections 14(1) and Rule 4 provide that the price paid by an importer to the vendor in the ordinary course of commerce shall be taken to be the value in the absence of any of the special circumstances indicated in Section 14(1) and particularized in rule 4(2). Rule 4 (1) speaks of the transaction value. Utilization of the definite article indicates that what should be accepted as 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

provisions of the other Rules each of which provide for alternate modes of valuation and allow evidence of value of goods other than those under Assessment to be the basis of the assessable value. Thus, Rule 5 allows for the transaction value to be determined on the basis of identical goods imported into India at the same time; Rule 6 allows for the transaction value to be determined on the value of similar goods imported into India at the same time as the subject goods. Where there are no conte .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s of data available in India. If the phrase the transaction value used in Rule 4 were not limited to the particular transaction then the other Rules which refer to other transactions and data would become redundant. It is only when the transaction value under Rule 4 is rejected, then under Rule 3(ii) the value shall be determined by proceeding sequentially through Rules 5 to 8 of the Rules. Conversely if the transaction value can be determined under Rule 4(1) and does not fall under any of the e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ence are 'induction cookers' liable to additional duty as per section 4A of Central Excise Act, 1944. Learned Authorized Representative places reliance on the decision of the Hon'ble Supreme Court in Collector of Customs, Bangalore v. Maestro Motors Ltd [2004 (174) ELT 289 (SC)]. This decision has acknowledged that rule 2(a) of General Rules of Interpretation of the Harmonized System of Nomenclature enables the classification 'knocked down' assemblies as the finished product .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

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


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

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

Go to Mobile Version