2013 (10) TMI 1256

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....dent: Mr. R.K. Singla, Commissioner (AR) ORDER Per: P.G. Chacko; This application filed by the appellant seeks waiver and stay in respect of (a) Rs.1,10,29,877/- demanded as differential duty of customs on the goods imported by the appellant and sold to another company viz., Tatra Vectra Motor Ltd. (TVML) during the period from February 2007 to June 2011, (b) equal amount of penalty imposed on ....

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....importer should have declared RSP at the time of import. The imported parts/accessories were meant for sale in retail by the importer. The assessable value thereof should have been determined in terms of Section 4A of the Central Excise Act. This view of the Revenue made its way into a show-cause notice which demanded differential amounts towards CVD, education cess on CVD, secondary higher educat....

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....luation of imported goods on MRP/RSP basis and that Section 4A of the Central Excise Act was not applicable to the valuation of imported goods. The learned counsel, on this basis, argued that the demand of differential duty based on an assessable value determined arbitrarily without any statutory mechanism for valuation was not sustainable. In this connection, the learned counsel relied on the dec....

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....at, in the absence of specific provision for determination of the RSP, the value could be determined by adopting a reasonable procedure. The learned counsel submitted that the final order passed by this bench was to be followed rather than the stay order passed by the coordinate bench. The learned counsel also claimed prima facie case on merits. 3. The learned Commissioner (AR) reiterated the fin....