TaxTMI 
TaxTMI 
2017 (11) TMI 1118
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....l : AY-DVM-605F 5P) b) Panasonic BV Cassettes - 3000 pcs Model : AY-DVM-63 PQ 5P) 3. The imported cargo, when examined were found to contain goods as follows: i. Panasonic BV Cassettes - 36100 pcs (Model : AY-DVM-60F 5P) ii. Panasonic BV Cassettes - 2000 pcs Model : AY-DVM-63 PQ 5P) iii. Sony BV Cassettes - 5000 pcs (Model : 5DVM60R3 5P) iv. Panasonic HD Video Camera - 30 pcs (Model : HDC-MDH-I) 4. Since the appellant had mis-declared the quantity of the blank video cassettes of Panasonic brand, had not declared a large quantity of blank video cassettes of Sony brand and also 30 pieces of high definition video cameras of Panasonic brand, the entire consignment was seized under section 110 of the Customs Act 1962. Sample....
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.... by the supplier through his communication. The revised invoice has also been issued by the supplier and the same has been placed on record but not considered by the customs authorities. ii) The valuation of the goods has been determined by the customs authorities on the basis of market enquiry. He submitted that the determination of value under rule 9 of the Customs Valuation Rules, 2007 is not valid without sequential application of rules. Further, he submitted that the contemporaneous NIDB data for valuation was available but not used by the Department. iii) He submitted several case laws to support his arguments including: * Mirah Exports Pvt. Ltd. Vs. CC - 1998 (98) ELT 3 (SC) * CC Mumbai Vs. J D Org....
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....of Panasonic brand video cameras were also found. Since, there is no dispute on the fact of mis-declaration, we have no hesitation in upholding the confiscation of the imported goods under section 111 of the Customs Act 1962. 11. Next we consider the issue of valuation of the imported goods. The Department has determined the value of the imported goods under rule 9 of the Customs Valuation Rules 2007. Market enquiry has been conducted in the local market to verify the MRP and to work out the value after giving deductions for various taxes and duties. The appellant has challenged this procedure by submitting that the Department has not proceeded sequentially through rules 4 to 8 before taking up the value determination under rule 9. 12....
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....'. It does not mean 'universally'. In the context of Section 14(1) for the purpose of 'valuation' of goods, however, by use of the word 'ordinarily', the indication is that the ordinary value of the goods, is what it would have in the course of international trade at the time of import. Section 14(1), thus, provides that the value has to be assessed on the basis of price attached to such or like goods ordinarily sold or offered for sale, in the ordinary course of events in international trade at the time and place of transportation. 13. Customs Valuation Rules have been framed by the Central Government in exercise of the powers conferred by Section 156 of the Act to maintain uniformity and certainty in the matter of valuation of goods wh....
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....have been laid down that even in a case of invoice manipulation or under-invoicing or ridiculously low price or mis-declaration in respect of valuation of goods or description or non-commercial considerations or in such like circumstances, the transaction value cannot be rejected by the assessing authority. The observations in Eicher Tractors, "...In the case before us it is not alleged that the appellant has mis-declared the price actually paid. Nor was there a mis-description of goods imported as was the case in Padia Sales Corporation", leave no manner of doubt in what we have noticed above. As a matter of fact in Eicher Tractors, Padia Sales Corporation v. Collector of Customs - [(1993) Supp. 4 SCC 57], Basant Industries Nunhai, Agra v.....