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1 - 5 of 5 (0.38 seconds)The Customs Tariff Act, 1975
Rajkumar Knitting Mills (P) Ltd. vs Collector Of Customs, Bombay on 14 January, 1998
I also find that the department without citing any
case of contemporaneous imports wants to
enhance the value of the imported goods only on
the basis of the NIDB data (if any) and goods which
were assessed at higher values even though the
payment of duty for the latter is made under
protest. Accordingly, the facts of the instant appeal
are distinguishable from the case of Rajkumar
Knitting Mills (P) Ltd. (supra)
M/S Venture Impex Pvt. Ltd vs Cc (Import & General), New Delhi on 16 March, 2016
• Aakash Enterprises vs Commissioner of
Customs, Newdelhi [2017 (358) ELT 987 (Tri.-Del)]
• Venture Impex Pvt. Ltd. vs. C.C. (Import &
General), New Delhi [2016 (338) ELT 759 (Tri.-
Del)]
• Dev Tek India vs. Commissioner of Cus.
M/S. Prayas Woollens Pvt. Ltd vs Commissioner Of Customs (Import), ... on 12 August, 2015
"9. I find that the value was enhanced citing
higher prices of the contemporaneous imports of
similar goods. However, the valuation of similar
goods depends on factors such as country of origin,
quantity of the goods imported, produced by the
same person who produced the goods being
C/ (ROM) Application No. 75272/2020
& C/75398/2020
valued, quality of the goods i.e. characteristics,
composition & like component material. Moreover,
the NIDB data is not exhaustive in nature as it only
depicts the value at which the goods are assessed
but not whether such assessed value is declared
value by the importer or enhanced value by the
proper officer. I also find that the lower authority
has enhanced the value as declared by the
appellant by placing its reliance on the particular
imports and neglecting the clause of lowest value
as mentioned under Rule-5 of CVR-2007. As such,
the lower authorities adopted the pick and choose
approach which did not reflect the true nature of
the NIDB database. I find that in the case of Prayas
Woollens Pvt. Ltd. vs. CC Import Mumbai, reported
in 2016 (332) ELT 376 (Tri-Mum), Hon'ble Tribunal
held as follows:
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