TMI Blog2019 (1) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... ad paid more consideration through the mode, other than the banking channel - Since Section 14 of the Act mandates that the value of the goods is to be considered on the basis of the price actually paid or payable for the goods, when sold for export to India, the negotiated price offered by the overseas supplier should be considered as the transaction value. Appeal allowed - decided in favor of appellant. - APPEAL Nos. C/285,418/2010 - A/88109-88110/2018 - Dated:- 8-8-2018 - Mr. S.K. Mohanty, Member (Judicial) And Mr. C.J. Mathew, Member (Technical) Shri Vinay Ansurkar, Advocate, for appellant Shri M.K. Mall, Assistant Commissioner (AR), for respondent ORDER Per: S.K. Mohanty Both these appeals are direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pex International to M/s. Kumar Mahendra Exim, the appellant herein. Upon filing of the Bill of Entry by the appellant, it was observed by the department that the subject goods were supplied by the consignor, raising invoice at the lower price than the actual price of the goods as sold by the manufacturer and that the differential amount between the actual value and the declared value had been remitted to the supplier in cash. Accordingly, the matter was adjudicated vide the impugned order dated 19.3.2010, wherein the declared assessable value of ₹ 25,79,742/- was rejected and the same was redetermined at ₹ 56,07,121/- in terms of Rule 4 of the CVR, 2007. Besides, the said order also confiscated the goods with the option to rede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon ble Bombay High Court, the Commissioner of Customs (Import), JNCH had allowed the application filed by M/s. Texpo International for amendment in the IGM regarding the change in the name of the consignee from M/s. Appex International to M/s. Kumar Mahendra Exim, the appellant herein. Since in terms of the permission granted by the jurisdictional Commissioner vide order dated 18.11.2009, the appellant had filed the Bill of Entry and other import documents, the value declared for the purpose of assessment should be considered, in absence of any plausible evidence that the declared price is not true transaction value and over and above the agreed price, the appellant had paid more consideration through the mode, other than the banking c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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