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 Order on Aluminium Powder Valuation, Calls for Transparent Reassessment in Import Dispute.</h1> <h3>METAL POWDER COMPANY LTD. Versus COMMISSIONER OF CUSTOMS, TUTICORIN</h3> The Tribunal set aside the impugned order regarding the determination of the value of imported aluminium powder, finding that the authorities failed to ... Valuation - Imported 20 MT of Aluminium powder 99.7% - enhancement of value - duty paid under protest - Non speaking order - appellant waived the show cause notice as well as Personal Hearing - HELD THAT:- There is no detailed discussion as to how the enhancement has been arrived at by the assessing authority. For this reason we are of the considered view that the matter has to be remanded to the adjudicating authority for re-considering the assessment of the imported goods. The appellant is at liberty to furnish details of contemporaneous imports before the adjudicating authority who shall look into these evidences also. In the result, the impugned order is set aside. The appeals are allowed by way of remand. Appellants imported 20 MT of Aluminium powder 99.7% and 20 MT of Aluminium Powder 96%, declaring total costs of USD 50,920 and USD 50,740 respectively. Department re-determined value at Rs. 764.37 per Kg, treating the supplier (a subsidiary) as a 'related party transaction' and finding declared values unrealistically low. Assessing authority enhanced value and appellant paid duty; authorities below held appellant had 'accepted the enhancement' and upheld the reassessment. Appellant contended duty was 'paid under protest', waived show cause notice and personal hearing, and had furnished contemporaneous import price details which were not considered; no speaking order explained basis for enhancement. Tribunal found lack of reasoned discussion by adjudicating authority on how enhancement was arrived at and failure to consider submitted contemporaneous import evidence. Impugned order set aside and matter remanded to adjudicating authority for re-consideration; appellant permitted to furnish contemporaneous import details.
TaxTMI 
TaxTMI 
