TaxTMI 
TaxTMI 
TaxTMI 
2014 (1) TMI 478
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....ixtures and complete fittings" at ICD Agra and filed three Bills of Entry 13/06 dated 6-2-2006, 16/06 dated 6-2-2006 & 19/06 dated 16-2-2006 for their clearances through their CHA Sh. R.S. Mishra. The declared CIF value of these consignments was US$ 7294, US$ 7322 & US$ 7226. The detailed breakup of the goods was declared as "Chandeliers, Pendent Lights, Mirror Lights, Ceiling Light with CFL, Table Lamp with CFL/Tube, Spare Parts. Prior to clearance of goods, the officers of DRI, Lucknow Zonal Unit, examined the goods 100% in presence of independent witnesses. In these consignments against the items declared as "Spare Parts", CFL Lamps were found and besides this, 30 Tubes and one 14" Color TV which had not been declared, were found. It was....
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....Set and CFLs, Sh. Prashant Gupta accepted that the same had not been declared. 1.3 In view of the above investigation, the investigating officers were of the view that in respect of the goods covered under Bills of Entry No. 13/06 dated 6-2-2006; 16/06 dated 6-2-2006 and 19/06 dated 16-2-2006, as against the declared value of Rs. 3,24,22/-, 3,25,485/-, & 3,21,209/- respectively, the value should be increased to Rs. 7,65,995/-, 7,66,669/-and Rs. 8,07,326/- respectively and accordingly duty amount to Rs. 4,82,106/- has been short paid. 1.4 Accordingly a show cause notice was issued to the Appellants for - (a) rejecting the declared transaction value in respect of these three Bills of Entry and enhancing the same to Rs. 7,65,995/-,....
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....pt for 14" TV which had been gifted by the supplier without charging anything, there was no other undeclared items that there is no misdeclaration with regard to description, that the value of the goods declared in the Bills of Entry is on the basis of invoices which reflect the correct transaction value, that no evidence of misdeclaration of value in form of contemporaneous import of like goods or similar goods in comparable quantity at higher price has been produced, that the declared value can not be rejected on the basis of price of raw-material in India, that Department has not shown as to how the conditions for accepting the declared transaction value as given in Rule 4(2) of Customs Valuation Rules, are not satisfied, that even if th....
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....he general [Note] of the Foreign Trade Policy have been contravened rendering the same, liable for confiscation under Section 111(d) of Customs Act. He, therefore, pleaded that there is no infirmity in the impugned order. 6. We have considered the submissions from both the sides and perused the records. The main point of dispute in this case is as to whether the declared transaction value of the goods imported from M/s. Neworb Corporation Limited, Hong Kong, is acceptable or not. During the period of dispute, in accordance with the provisions of Section 14(1A) the value of the imported goods was to be determined in accordance with the Customs Valuation Rules, 1988. Rule 3 of the Valuation Rules states that subject to Rules 9 & 10A, th....
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.... mentioned as to whether the price of raw-material mentioned is the price in the country of manufacture or the price in India. No contemporaneous imports of identical or similar goods in comparable quantity at higher price have been cited. Just because in respect of two imports of like goods made by the appellant at JNPT, Nava Sheva, the customs authorities there increased the declared value without passing any reasoned and detailed order, the value of the goods in respect of these consignments can not be rejected. Even the basis of determining the value of the goods under Rule 7 of the Valuation Rules, is incorrect, as the wholesale prices of the goods quoted by M/s. Orma Lights are sought to be adopted for determining the assessable value....