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Ramdev Traders Versus Commissioner of Customs, Chennai

2017 (10) TMI 573 - CESTAT CHENNAI

Valuation - imported Rechargeable Lamps PRL 228 - RSP - rejection of declared value - Held that: - the appellant had based their assessable value on invoice price of US$ 0.75 per piece. However, no grounds have been evidenced for rejecting the said declared value as not being transaction value - instead of following the sequences laid down in the Valuation Rules for redetermination of value, the department, for some reason, found it appropriate to work out the assessable value on the basis of ma .....

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hri A. Cletus, ADC (AR), For the Respondent ORDER Per: Bench The facts of the case are that appellant imported Rechargeable Lamps PRL 228 valued at US$ 0.75 per piece vide Bill of Entry No.938320 dt. 03.01.2006. On examination, the goods were found to be PREMIER brand Rechargeable Portable Lamps, Model-PRL 228 (8WX2) Emergency Lamps and goods were found to be affixed with MRP stickers of ₹ 100/- each individual packs. Market enquiries were conducted by department wherein it was apparently .....

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value and redetermined the enhanced value based on US$ 1.30 per piece, confiscated the imported goods, however allowed redemption on payment of fine of ₹ 1 lakhs under Section 125 of Customs Act and also imposed penalty of ₹ 1 lakh under Section112 (a) ibid. On appeal, Commissioner (Appeals) vide impugned order dt. 31.3.2008 upheld the order of original authority. Hence this appeal. 2. On 08.08.2017, when the matter came up for hearing, on behalf of appellant, Ld. Advocate Shri A.K. .....

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ot followed Valuation Rules in correct sequence for determining the assessable value. Further, even when value is fixed under Rule 8, to the greater extent possible, it should be based on previously determined customs value. 3. On the other hand, Ld. A.R Shri Cletus supports the impugned order. He draws attention to the statement given by Shri R. Bharat Kumar, wherein he admitted that by declaring less price, he would save customs duty and therefore had told the supplier to send invoices for US$ .....

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