Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
CESTAT held that export value of iron ore must be determined strictly under S.14 of the Customs Act read with the Export Valuation Rules, and that the declared transaction value cannot be discarded absent valid grounds. It found no evidence of any consideration beyond the amounts reflected in the final invoices, which were based on CIQ test reports and contractual terms providing for DMT-based pricing, and duly supported by BRCs. The recomputation of value by adopting CRCL moisture content at load port was held unsustainable, following earlier coordinate Bench decisions. The impugned order of the Commr(A) was set aside, and the matter remanded to the Adjudicating Authority to finalize provisional assessment on transaction value and recompute the admissible refund.
CESTAT held that export value of iron ore must be determined strictly under S.14 of the Customs Act read with the Export Valuation Rules, and that the declared transaction value cannot be discarded absent valid grounds. It found no evidence of any consideration beyond the amounts reflected in the final invoices, which were based on CIQ test reports and contractual terms providing for DMT-based pricing, and duly supported by BRCs. The recomputation of value by adopting CRCL moisture content at load port was held unsustainable, following earlier coordinate Bench decisions. The impugned order of the Commr(A) was set aside, and the matter remanded to the Adjudicating Authority to finalize provisional assessment on transaction value and recompute the admissible refund.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
