Differential duty demand on imported gold bars under a...

Differential duty demand on imported gold bars under a "consignment sale" arrangement was examined on whether post-import remittances to the overseas supplier reflected a "sale" after import affecting transaction value under s.14. The Tribunal held valuation must follow CVR, 2007 sequentially; where declared value is based on the contemporaneous LBMA/LME-linked price, it constitutes the value of similar goods under Rule 5 and satisfies s.14, and Revenue having not disputed the benchmark could not revalue goods by adding post-import charges. Consequently, the declared bill of entry value was upheld, the impugned order was set aside, and the appeal was allowed with consequential relief; similar cases may be considered consistently as per law. - CESTAT