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2019 (11) TMI 194

..... on of Value of Imported Goods) Rules, 2007 - redemption fine - penalty - HELD THAT:- Out of the quantity of 10 MT of subject goods, the overseas supplier had supplied 9 MT by sea on 17.08.2012 and since was not complied with the requirement of the purchaser order was not complied with, it had sent the remaining 1 MT by air and the freight was also paid by the supplier. In context with the valuation of imported goods, the proviso clause appended to Section 14 ibid mandates that the transaction value in the case of imported goods shall include inter alia, cost of transportation to the place of importation. The said statutory provision nowhere provides that only the freight paid by the importer should be included in the transaction value. Thus .....

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..... R This appeal is directed against the impugned order dated 21.12.2012 passed by the Commissioner of Customs (Appeals), Mumbai-III. 2. Brief facts of the case are that the appellant had imported pharmaceutical gelatin (capsule grade) and filed Bill of Entry for assessment before the Customs Department. On examination of the documents, the Department observed that the appellant had declared CIF value as USD 8,000/- under DEEC scheme, whereas the pre-paid freight amount shown in the HAWB No. 50520123 dated 20.08.2012 was for USD 3,821.51 (equivalent to ₹ 2,13,813/-). Since such freight amount reflected in the Airway Bill was almost half of the declared CIF value i.e. USD 8,000/- (equivalent to ₹ 4,47,600/-), the appellant was calle .....

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..... urchase order, the date of delivery of the goods should be on 25.07.2012 and since out of the quantity of 10 MT, 1 MT was not supplied in time, the same were dispatched through air under the Airway Bill dated 20.08.2012. He also submitted that the freight was paid by the shipper. Thus, it is contended that the amount paid for the supply of subject goods should be considered as transaction value and the freight element should not be added to such value for determination of the duty liability. 4. On the other hand, the learned AR appearing for Revenue submitted that the case of the appellant squarely falls under the proviso to Section 14 ibid and the freight paid by the shipper should be included in the transaction value for computation of th .....

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