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M/s Neno Crystals Versus Union of India & 2

2017 (12) TMI 405 - GUJARAT HIGH COURT

Valuation of imported goods - glass beads of a particular kind called 'Chaton' - Department demanded higher import price - Held that: - Since the issue is a recurring one and one which requires early and pragmatic resolution so that the neither the petitioner is unduly harmed nor the interest of the Revenue is prejudiced, in view of the facts noted above, it would be in interest of both the sides, that CESTAT before which said Tax Appeal No. 11645/2016 is pending concerning this particular issue .....

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ce facts from Special Civil Application No.11256/2017. 2. The petitioner is a proprietary concern and is engaged in trading in glass beads of a particular kind called 'Chaton' in the trade and other imitation jewelery related products. Such products, the petitioner imported mainly from China. The petitioner has been importing such materials since few years now. According to the petitioner, till recently there were no disputes between the petitioner and the department about the declared v .....

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ed value is not accurate. The petitioner and other importers having disputed the valuation, the adjudicating authority and in some cases, the appellate Commissioner have confirmed the price inflation. We are informed that one of the tax appeals before the Tribunal being Tax Appeal No. 11645/2016 of the petitioner against such orders of the Revenue authorities is pending before the CESTAT. 3. Once again the petitioner's consignment of the said material having arrived, the dispute of valuation .....

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recurring issue. After a month, the petitioner's consignment of sizeable value arrived and the petitioner is compelled to deposit the customs duty at higher valuation, failing which, the goods would not be cleared. Counsel submitted that the respondent authorities have neither power nor the basis for rejecting the transaction value on the basis of NIDB data. The respondents do not have any other independent instance of import suggesting that the value declared by the petitioner is not the c .....

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gmatic resolution so that the neither the petitioner is unduly harmed nor the interest of the Revenue is prejudiced, in view of the facts noted above, it would be in interest of both the sides, that CESTAT before which said Tax Appeal No. 11645/2016 is pending concerning this particular issue, takes up the matter on priority consideration and disposes of expeditiously. This would lend great deal of certainty to this recurring dispute. In the meantime, the future import consignments of the petiti .....

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