TaxTMI 
TaxTMI 
2024 (4) TMI 78
X X X X Extracts X X X X
X X X X Extracts X X X X
....ustoms (Appeals) by which the three appeals filed by the appellant against the enhancement of value in three Bills of Entry have been dismissed. 1.1 The facts of the case are that Appellant have filed Bills of Entry in EDI system for clearance of quantity of "Quinizarine" from china declaring the Assessable value as US $ 9.5 per kg. and seeking utilization of MEIS authorization towards debiting Basic Customs Duty and paying IGST in cash. During the course of assessment of filed Bills of Entry, it was found that the importer had imported the goods declaring the value of US$9.5 per Kg. of the 'Quinizarine', which appeared to be very less compared to the regular contemporary imports of the same products by same as well as other imports. The l....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... US $ to 12.5 US $ based on earlier import in the Month of August 2019 and assessed the Bill of Entry by way of impugned orders. 2.1 He also submits that the buyer and seller are not related and the price of the imported goods declared was the sole consideration and there exists no other conditions specified in the Section 14(1) read with Rules made in this regards. Accordingly the value has to be considered in terms of Rule 3 of the Customs Valuation Rules, 2007. He placed reliance on the decisions of Commissioner of Customs, Excise & Service tax, Noida Vs. Sanjivani Non-Ferrous Trading Pvt. Ltd. - 2019(365)ELT 3 (SC) 2.2 He also argued that as provided in Section 14(1) the value of the imported goods shall be the transaction value of su....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ommented on the decisions relied upon by the appellant. Surbhit Impex Pvt. Ltd. Vs. Commissioner of Customs, Mumbai - 2012(283)ELT 556 (Tri. Mumbai) ACE Microelectronics Pvt. Ltd. Vs. Commissioner of Customs, Jodhpur -2018(360)ELT 938 (Tri. Delhi) Commissioner of Customs, Excise and Service tax, Noida Vs. Sanjivani Non -Ferrous Trading Pvt. Ltd. -2019(365)ELT 3(SC) 3. Shri Ashok Thanvi, Learned Assistant Commissioner (Authorised Representative) appearing on behalf of the Revenue reiterates the findings of the order of the Commissioner (Appeals). 4. We have carefully considered the submission made by both sides and perused the records. We find that the issue involved in the present case is that whether the value declared by the Appel....