https://www.taxtmi.com/caselaws?id=42971 Customs duty is assessed on the value of imported goods at the time of import and clearance, and abatement under Section 22 of the Customs Act is available only where damage or deterioration before or during unloading is shown to the satisfaction of customs authorities. A later settlement under which the foreign seller pays compensation for defective goods does not, by itself, prove that the invoice value was excessive for customs purposes. Where defects are discovered only after clearance and there is no contemporaneous re-examination or reassessment by customs, the compensation is treated as loss reimbursement, not evidence of lower assessable value. The claim for abatement or refund was therefore rejected. en-us Tue, 13 Aug 1991 00:00:00 +0530 Sat, 19 Jul 2014 08:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=42971 Customs duty is assessed on the value of imported goods at the time of import and clearance, and abatement under Section 22 of the Customs Act is available only where damage or deterioration before or during unloading is shown to the satisfaction of customs authorities. A later settlement under which the foreign seller pays compensation for defective goods does not, by itself, prove that the invoice value was excessive for customs purposes. Where defects are discovered only after clearance and there is no contemporaneous re-examination or reassessment by customs, the compensation is treated as loss reimbursement, not evidence of lower assessable value. The claim for abatement or refund was therefore rejected. Case-Laws Customs Tue, 13 Aug 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=42971