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CESTAT ruled in favor of the appellant regarding valuation of imported black pepper. The tribunal held that the goods were not absolutely prohibited under DGFT Notification 21/2015-2020, as imports were permitted above CIF Rs. 500/kg. The proper officer's rejection of declared value and subsequent redetermination was found unsustainable. The tribunal emphasized that Free Trade Agreements under SAFTA and GATT formed part of international law, and the government had granted concessional BCD rates. The Commissioner's enforcement of non-tariff restrictions through Minimum Import Price was deemed inappropriate. Consequently, penalties imposed under Sections 112 and 114AA of Customs Act were set aside, and the original declared assessable value was restored.
CESTAT ruled in favor of the appellant regarding valuation of imported black pepper. The tribunal held that the goods were not absolutely prohibited under DGFT Notification 21/2015-2020, as imports were permitted above CIF Rs. 500/kg. The proper officer's rejection of declared value and subsequent redetermination was found unsustainable. The tribunal emphasized that Free Trade Agreements under SAFTA and GATT formed part of international law, and the government had granted concessional BCD rates. The Commissioner's enforcement of non-tariff restrictions through Minimum Import Price was deemed inappropriate. Consequently, penalties imposed under Sections 112 and 114AA of Customs Act were set aside, and the original declared assessable value was restored.
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