Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

CESTAT allowed the appeal, finding the revenue's reassessment of ...


Importers Win: Valuation Challenge Upheld as Revenue Fails to Prove Underreporting of Goods' True Value Under Section 14

May 22, 2025

Case Laws     Customs     AT

CESTAT allowed the appeal, finding the revenue's reassessment of imported goods' value unsustainable. The tribunal determined that the department failed to comply with section 14 and Valuation Rules, lacking evidence to substantiate the enhanced valuation. The transaction value declared by the importer was deemed appropriate, as the revenue did not discharge its burden of proving undervaluation. The tribunal rejected the adjudicating authority's findings based solely on the importer's statement, emphasizing that mere admission does not justify reassessment without proper substantive investigation into the goods' characteristics and contemporaneous import values.

View Source

 


 

You may also like:

  1. CESTAT adjudicated a customs valuation dispute involving imported motorcycle inner tubes. The tribunal found the department failed to discharge its burden of proving...

  2. Valuation of imported goods - the onus of proving charge of undervaluation lies on the Revenue which needs to be proved by way of producing necessary evidence - the...

  3. CESTAT addressed customs valuation dispute involving motor controller and electric tricycle spare parts. The tribunal affirmed the original classification of imported...

  4. Smuggling - Betel Nuts - foreign origin goods - town seizure - notified item or not - onus to prove - The CESTAT recognized that betel nuts were not notified items under...

  5. Penalty u/s. 270A - GP estimation - underreporting of income - The AO failed to prove underreporting, and the penalty for underreporting of income u/s 270A cannot be...

  6. CESTAT dismissed the Revenue's appeal challenging the valuation of imported Christmas lights. The tribunal found the enhancement of import value based on NIDB data...

  7. The case revolves around the rejection of the declared value by customs authorities and the subsequent enhancement of value based on a quotation obtained from a...

  8. Valuation of goods - contemporaneous import prices in the case of the other importers have not been challenged by Revenue - assessable cannot be rejected - AT

  9. Disallowance of sales commission paid to two Associated Enterprises (AEs) being foreign entities - assessee failed to discharge the onus of proving legitimate business...

  10. CESTAT dismissed the Revenue's appeal challenging the enhancement of imported goods' transaction value. The Tribunal held that unilateral value enhancement based solely...

  11. Valuation of imported goods - enhancement is made on the basis of DRI alert with reference to some NIDB data - at the time of hearing that Revenue has not served the...

  12. The assessee failed to file the original return of income, and the Assessing Officer initiated penalty proceedings for underreporting income. The assessee's authorized...

  13. Who is the importer? - Valuation of imported goods - MEGPTCL did not hold itself out to be the importer. Undisputedly, the Bills of Entry were filed by PMC and right...

  14. CESTAT upheld the Commissioner's order exempting 19 pallets from anti-dumping duty as their Chinese/Taiwanese origin was not proved. While misdeclaration was established...

  15. TDS on Winnings from online games - Guidelines - Computation of Net winning - TDS in case a user borrows some money and deposits the same - treatment of bonus, referral...

 

Quick Updates:Latest Updates