TaxTMI 
TaxTMI 
2017 (12) TMI 843
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....-General brand from Singapore distributors of the manufacturer. Certain investigations were conducted by the officers of customs with reference to the valuation of imported goods. On completion of inquiry, a show cause notice dated 14.03.2013 was issued to the main appellant and three others. The notice alleged that the imported goods were under-valued for customs duty purposes; the value was sought to be enhanced; proposals were made for confiscating imported goods as well as for imposition of various penalties on all the appellants. The case was adjudicated resulting in the impugned order. 2. The Original Authority held that the goods imported through 14 bills of entry were under-valued and accordingly, he redetermined the value at Rs.....
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....e is no offence committed under Customs Act, 1962. The concept of „beneficial owner‟ has been accepted after the introduction of Section 2(3A) of the Customs Act, 1962 w.e.f. 4.4.2017. (d) The demand of SAD is not sustainable as Customs Notification no.29/2010-Cus dated 27.02.2010 does not provide for any condition of payment of VAT or ST. Non-submission of bill is not relevant to the exemption. (e) There is no under-valuation of the imported goods. The contemporaneous importers considered for rejection of the declared value are not appropriate for re-valuation. The imports by EGPC cannot be considered as contemporaneous. They have imported from Thailand. The quantity imported by the appellant is much higher. T....
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....ble Supreme Court in Pioneer Impex -2015 (319) ELT 355 (SC), it was submitted that when there is no manufacturer‟s invoice and the goods were imported from traders, and when the Department has evidence of import of identical goods, enhancement of transactional value is justified. (c) The MRP of the imported goods has been declared less at the time of import and later the goods were sold with much higher price. The importer himself admitted that the goods imported vide bills of entry no.6028117dated 17.02.2012 matches in all details with imports by EGPL. As such, the comparison cannot be questioned. (d) On query, the dealers of O-General brand air-conditioners clarified that their price did not include copper kit, ins....
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....We notice that all the issues raised by the appellants have not been duly addressed for a detailed finding by the Original Authority. To begin with, the appellant pleaded that they were not provided with the copies of the bills of entry filed by EGPL, which was relied upon to arrive at the comparable price of equivalent models of air-conditioners. Copies of bills of entries referred to in the NIDB data were also not provided. 8. The appellants also strongly contested the impugned order on limitation. We note that in the present case, the re-determination of value has been done based on the contemporaneous imports of similar goods. In such situation, the claim of the appellant regarding limitation requires more detailed examination. The d....
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....ith the appellant that this is not one of the conditions stipulated in the said notification. 11. The appellant also pleaded that there is no violation of Customs Act, 1962 even if it is held that Shri Manu Chopra lent his IEC to other two appellants. The reference was made to the newly introduced provisions under Section 2 (3A) of the Customs Act, 1962, which defined "beneficial owner". The appellant claimed that this legal provision has no application during the material time. 12. Regarding comparison of value with reference to imports by EGPL, the appellant contested certain factual findings recorded in the impugned order. Based on a letter received from M/s. RAACO ONE, who is a non-authorized dealer of the air-conditioners, a conc....