2025 (12) TMI 325

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....(2) of the Customs Act, 1962 [the Customs Act] read with rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules 2007 [the 2007 Rules] and has been re-determined under rule 4 of the 2007 Rules. 2. The ordersheet reveals that the hearing of the appeal was earlier adjourned on requests made by the learned counsel for the appellant and on 29.01.2025 while adjourning the matter to 11.03.2025, the Bench made it clear that no further adjournment shall be granted to the appellant. Case has been called out but no one has appeared on behalf of the appellant. 3. In such circumstance, the appeal has to be heard. Shri Nagendra Yadav, learned authorized representative appearing for the department has been heard. 4. The....

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....07.2011 Rs. 60,86,263.84 for Bill of Entry No. 4844707 dated 05.10.2011 Rs. 23,72,536.54 for Bill of Entry No. 5001618 dated 22.10.2011 and Rs 33,11,176.23 for Bill of Entry No. 5457736 dated 14.12.2011), being Actual transaction value under Rule 4 of the Customs Valuation (be term nation of Value of imported Goods) Rules, 2007, by taking the CIF value per battery as detailed in Annexure "A" and MRPs with admissible abatement Reference has been relied upon as per imports made by M/s Eastman Auto & Power Ltd. 572, Udyog Vihar, Phase V, Gurgaon, Haryana; and as per DGOV data during the relevant period). (b) The total Customs duty of Rs. 1,24,95,335/- on the re-determined value as at (b) above should Not be confirmed and differential ....

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....lue, re-determination of the transaction value of imported goods pertaining to the 8 Bills of entry imposition of penalty whatsoever. The allegation is that the assessable value of the goods imported under the 8 Bills of entry have been misdeclared by M/s. Saiwa Traders Pvt Ltd. (name changed to M/s. Divine Homes Infra Pvt Ltd) holder of IEC No. 05099021409. I have examined the facts of the case and the relied upon documents and I find that the importer had imported motorcycle batteries (12V2.5AH, 12V5AH & 12V9AH declaring their value as USD 1.8, USD 2.20 & USD 3.00 respectively) from the supplier M/s. LEOCH Battery Corp., and M/s. JINJIANG HUAWEI POWER SOURCE CO., LTD of China at ICD TKD, New Delhi. I have seen the e-mail correspondence da....

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....change of mail between other importers and the same supplier. 12. The Commissioner has recorded a finding, based on documents, that it was proved beyond doubt that the declared value of the motorcycle batteries imported by the appellant was much lower as compared to the price prevailing in the international market at or about the relevant time. 13. The Commissioner, thereafter, examined the statement of Rajkumar Wadhwa regarding the difference in price and did not accept his explanation that the lifespan of the batteries that were imported in the eight Bills of Entry was only three to four months. The relevant finding in this regard is as follows: "34. The explanation regarding were the inferior quality of the imported goods ....