2016 (1) TMI 425

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....exhibition, they obtained permission to sell the cars to the appellant from the Government on 9.4.2002. Bills of Entry No. 86, 87 & 88 all dated 20.5.2002 were filed. The value declared on the Bills of Entry was substantially lower than that on the Carnet document. The adjudicating authority ordered the assessable value to be taken as Carnet price + Insurance + Freight + Landing Charges. Before the Commissioner (Appeals) the appellant also pleaded that since their case is under investigation by SVB Mumbai in respect of other cars imported, the lower authority ought to have permitted provisional clearance after acceptance of 1% Revenue deposit. However their pleas were rejected and the Commissioner upheld the order of the adjudicating author....

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....ported under ATA Caret are allowed duty free in terms of Notification No. 157/90-Cus dated 28.3.1990. Normally, the goods have to be exported within six months. But during the relevant time sale of such goods was permitted on payment of Customs duty with prior approval of the Government of India. This permission was obtained by the appellant who had bought the cars from M/s. Daimler Chrysler AG, Germany who initially imported the cars under ATA Carnet. The question which arises is what value is to be taken for purposes of assessment to duty on the sale of the cars. The department has relied on the value declared in the Carnet. But the Carnet Form, which acts as a substitute for Bill of Entry at the time of import under Carnet, clearly state....