TMI Blog2019 (7) TMI 1998X X X X Extracts X X X X X X X X Extracts X X X X ..... r reliance on value of contemporaneous imports - extended period of limitation - HELD THAT:- It was admitted by the Learned Counsel that the decision pertaining to adoption of contemporaneous price has been cited. Even though the decisions may not have been referred to, the scope for invoking of rule 5 of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 has been dealt with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce upon the decision in COMMISSIONER OF CUSTOMS (IMPORT) , MUMBAI VERSUS FINESSE CREATION INC. [ 2009 (8) TMI 115 - BOMBAY HIGH COURT] . The mis-declaration, referred to in the eighth paragraph of the said order, pertains to the entries made at the time of import and, therefore, held that confiscation was not warranted. The elements prescribed for invoking the extended period are entirely differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2018 arising out of appeal no. C/1132/2007 filed by M/s Shashi Dhawal Hydraulics Pvt Ltd against order-in-original no. 131/2007/CAC/CC (I)/SP/Gr VA dated 28th September 2007 of Commissioner of Customs (Import), Mumbai in which the duty liability was upheld while setting aside the fine and penalty. 2. According to Learned Counsel for the applicant, certain decisions, cited during the course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduction of rule 10A in the said Rules, the consequence thereof stand substantially altered from those under the pre-amended rules. By invoking of rule 10A of the said Rules, assessing authority/value determining authority is required to carry the process of re-valuation through to its logical conclusion by sequential application of the several rules. Not only does rule 5 of the said Rules have th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aragraph of the said order, pertains to the entries made at the time of import and, therefore, held that confiscation was not warranted. The elements prescribed for invoking the extended period are entirely different and the submissions made on behalf of the appellant during the course of the hearing did not persuade us that ingredients were not lacking. This has been amplified sufficiently in our ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
