Imported seaweed extract provisionally released on bond only; declaratory rejection set aside; appellate decision due within section 128-A(4-A) three ...
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CESTAT allowed the appeal of the anonymized importer and set aside the impugned order enhancing customs valuation of imported water purifier spare parts. The Tribunal held that the goods were assessed by Customs (not self-assessed), and subsequent investigation leading to rejection of the declared transaction value and enhancement based solely on NIDB data was unlawful. As there was no allegation or evidence attracting any exclusion under Rule 3 of the Customs Valuation Rules, the declared transaction value had to be accepted. The Tribunal held that transaction value cannot be discarded without cogent evidence and NIDB data cannot be directly applied for enhancement of value.
CESTAT allowed the appeal of the anonymized importer and set aside the impugned order enhancing customs valuation of imported water purifier spare parts. The Tribunal held that the goods were assessed by Customs (not self-assessed), and subsequent investigation leading to rejection of the declared transaction value and enhancement based solely on NIDB data was unlawful. As there was no allegation or evidence attracting any exclusion under Rule 3 of the Customs Valuation Rules, the declared transaction value had to be accepted. The Tribunal held that transaction value cannot be discarded without cogent evidence and NIDB data cannot be directly applied for enhancement of value.
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