https://www.taxtmi.com/caselaws?id=114571 Declared transaction value of imported windmill blades could not be rejected merely on suspicion or on an unsupported Chartered Engineer's report. The Revenue failed to prove that the invoice price was influenced by any extra-commercial consideration, and the statutory exceptions for discarding transaction value were not shown to apply. The blades were old, unused and sold on a distress-sale basis at the invoiced price, which supported acceptance of the declared value. The freight omission was later corrected during investigation, differential duty was paid before the show-cause notice, and no mala fide was established. The demand, confiscation and penalty were therefore unsustainable, and the appeal succeeded. en-us Tue, 26 Oct 2004 00:00:00 +0530 Fri, 18 May 2012 10:21:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114571 Declared transaction value of imported windmill blades could not be rejected merely on suspicion or on an unsupported Chartered Engineer's report. The Revenue failed to prove that the invoice price was influenced by any extra-commercial consideration, and the statutory exceptions for discarding transaction value were not shown to apply. The blades were old, unused and sold on a distress-sale basis at the invoiced price, which supported acceptance of the declared value. The freight omission was later corrected during investigation, differential duty was paid before the show-cause notice, and no mala fide was established. The demand, confiscation and penalty were therefore unsustainable, and the appeal succeeded. Case-Laws Customs Tue, 26 Oct 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114571