TaxTMI 
TaxTMI 
2024 (4) TMI 1265
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....missioner of Customs by the said order dated 23-5-2017 had rejected the declared assessable value of the imported goods covered by the Bill of Entry dated 2-2-2017 under Rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, and re-determined it under rule 4 of the Valuation Rules read with section 14 of the Customs Act, 1962. The Joint Commissioner also ordered for confiscation of the goods and confirmed the differential customs duty with interest and imposed penalty also on the appellant under Section 114A of the Customs Act. 2. The appellant is engaged in the import of adhesive tapes in bulk for trading purposes. The appellant, by a Bill of Entry dated 2-2-2017 imported 75,000 units (in form of rolls) o....
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....appellant had voluntarily accepted the enhancement of the value and paid the differential duty and redemption fine and, accordingly, dismissed the appeal. 5. Shri B.L. Narasimhan Learned Counsel for the appellant assisted by Ms. Rubel Bareja, submitted that the voluntary payment of enhanced duty by the appellant would not preclude the appellant from challenging the enhanced value. Learned Counsel also submitted that the decision of the Tribunal in Commissioner of Customs Delhi v. M/s. Hanuman Prasad & Sons [2020 (12) TMI 1092 - CESTAT New Delhi] would not the applicable to the facts of the present case since the Joint Commissioner had passed a speaking order. Learned Counsel also submitted that the Joint Commissioner did not follow the pro....
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....though they had declared the value of the imported goods at 1.20 USD per kg., but on being shown contemporaneous data, they have agreed that the value of the goods should be enhanced to 1.80 USD per kg for Hanuman Prasad and to 1.94 USD per kg. for Niraj Silk. The importers also specifically stated that they did not want to avail of the right conferred on them under section 124 of the Customs Act and, therefore, they did not want any show cause notice to be issued to them or personal hearing to be provided to them. The importers also specifically stated that they did not want a speaking order to be passed on the Bills of Entry. It needs to be noted that Section 124 of the Customs Act provides for issuance of a show cause notice and personal....
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....he declared goods under the provisions of Rules 4 to 9 of the Valuation Rules. This is for the reason that it is only when the value of the imported goods cannot be determined under Rule 3(1) for the reason that the declared value has been rejected under sub-rule 2, that the value of the imported goods is required to be determined by proceeding sequentially through Rule 4 to 9. As noticed above, the importers had accepted the enhanced value and there was, therefore, no necessity for the assessing officer to determine the value in the manner provided for in rules 4 to 9 of the Valuation Rules sequentially." 9. After referring to the various decisions of the Tribunal, the Division Bench observed as follows : "35. The following position eme....