TaxTMI 
TaxTMI 
2026 (1) TMI 584
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....nal dated 05.12.2017 passed by the Joint Commissioner and rejected the appellant's appeal. 2. We have heard learned counsel for the appellant and learned authorized representative for the Revenue and perused the records. 3. The appellant had filed Bill of Entry No. 4172048 dated 27.11.2017 for clearance of goods described as Plain PU Coated Fabric (0.62 mm thickness). On specific intelligence that the goods were mis-declared the officers of the Customs Preventive Commissionerate physically examined the goods and found that the goods were of 0.74 mm to 0.81 mm (thick). On being confronted with the anomalies, the Director of the appellant company admitted the mistake, accepted to pay the differential duty, fine and penalty. Accordingly,....
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....temporaneous import values and, accordingly, the declared value was rejected and the value was enhanced. For applying the contemporaneous data the value required to be taken is the declared value in the Bills of Entry and not the assessed values. The contemporaneous value taken were of Bill of Entry No. 3710507 dated 23.10.2017 in which the declared value was U.S. $ 1.8 per metre, which was enhanced to U.S. $ 2.24 per metre and Bill of Entry No. 3815642 dated 31.10.17 in which the declared value was Rs. 1.85 per metre, which was enhanced to U.S. $ 2.04 per metre. For applying values of contemporaneous imports only the transaction value and not the value enhanced by the officer in those Bill of Entry can be considered under Rule 4. In view o....
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....e matter. 11. We now examine the valuation of the goods. As per Rule 12 of the Valuation Rules if the proper officer has reason to doubt the truth and accuracy of the declared value, he can call for further information and on receiving such information or if no information is provided the proper officer still has a reasonable doubt about the truth and accuracy of the declared value, it can be rejected. Rule 12 reads as follows :- "12. Rejection of declared value. - (1) When the proper officer has reason to doubt the truth or accuracy of the value declared in relation to any imported goods, he may ask the importer of such goods to furnish further information including documents or other evidence and if, after receiving s....
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....antly higher value at which identical or similar goods imported at or about the same time in comparable quantities in a comparable commercial transaction were assessed; (b) the sale involves an abnormal discount or abnormal reduction from the ordinary competitive price; (c) the sale involves special discounts limited to exclusive agents; (d) the misdeclaration of goods in parameters such as description, quality, quantity, country of origin, year of manufacture or production; (e) the non declaration of parameters such as brand, grade, specifications that have relevance to value; (f) the fraudulent or manipulated documents. 12. In this case, the fact that the invoices were for fabric of 0.62 mm ....
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.... (b) In applying this rule, the transaction value of identical goods in a sale at the same commercial level and in substantially the same quantity as the goods being valued shall be used to determine the value of imported goods. (c) Where no sale referred to in clause (b) of sub-rule (1), is found, the transaction value of identical goods sold at a different commercial level or in different quantities or both, adjusted to take account of the difference attributable to commercial level or to the quantity or both, shall be used, provided that such adjustments shall be made on the basis of demonstrated evidence which clearly establishes the reasonableness and accuracy of the adjustments, whether such adjustment leads to an incre....
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....n of improperly imported goods, etc. - The following goods brought from a place outside India shall be liable to confiscation : - (m) any goods which do not correspond in respect of value or in any other particular with the entry made under this Act or in the case of baggage with the declaration made under section 77 in respect thereof, or in the case of goods under transhipment, with the declaration for transhipment referred to in the proviso to subsection (1) of section 54" 16. Clearly, in this case, the appellant had mis-declared the nature of the goods and the goods which were imported were different from what was declared in the Bill of Entry. They are squarely covered by section 111 (m). The confiscation therefore....