TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal overturns decision on imported goods valuation due to procedural flaws and lack of justification.</h1> <h3>M/s. Ambitious Marketing Versus Commissioner of Customs (Import), Mumbai</h3> M/s. Ambitious Marketing Versus Commissioner of Customs (Import), Mumbai - TMI Issues:Customs Valuation - Rejection of declared assessable value and enhancement by the department under Rule 8 of Customs Valuation Rules, 1988; Violation of natural justice in the assessment process; Comparison of valuation with invoices of another importer; Sequential application of valuation rules; Alleged errors in calculating the differential duty; Violation of principles of natural justice in the adjudication process.Analysis:The appeal challenged an Order in Appeal passed by the Commissioner (Appeals) Mumbai, Zone-I, regarding the valuation of imported 'O General' window/split Air-conditioners by M/s. Ambitius Marketing. The department had enhanced the assessable value from the declared amount of Rs. 16,42,058 to Rs. 22,29,999.20 under Rule 8 of Customs Valuation Rules, 1988. The appellant contended that the Deputy Commissioner's actions lacked natural justice as they did not inform the importer of reasons for rejection of the declared value. The appellant argued that the burden to establish the declared price was on the department, citing relevant case laws like Eicher Tractors v/s. CC and Rashesh & Co. v/s. CC, Mumbai.The appellant further argued against the valuation comparison with invoices of another importer, stating that such documents alone cannot establish undervaluation. They criticized the Deputy Commissioner's direct jump to Rule 8 without sequential application of Rules 4 to 7, referencing the case of Krishna Trading Co. v/s CC. Additionally, the appellant highlighted errors in calculating the differential duty and the failure to dispute the declared RSP for the imported goods, citing cases like ABB Ltd. v/s. CC, Bangalore and Sanjivani Non ferrous Trading Pvt.Ltd.Upon review, the Tribunal found that the case was built upon imports made by another importer in 2003, which were not directly comparable to the appellant's imports in 2005. The Tribunal noted a violation of natural justice due to insufficient time given for response to show cause notices. They criticized the lack of reasons for rejecting the declared value, the non-sequential application of valuation rules, and the calculation of additional duty without rejecting the declared RSP. The Tribunal concluded that the lower authority's actions were unsustainable under the law and set aside the impugned order, allowing the appeal with consequential relief.In conclusion, the Tribunal's decision highlighted the importance of adhering to principles of natural justice, proper application of valuation rules, and providing adequate reasoning in customs valuation cases to ensure a fair and lawful adjudication process.
TaxTMI 