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1 - 10 of 11 (0.22 seconds)Section 17 in The Customs Act, 1962 [Entire Act]
Section 14 in The Customs Act, 1962 [Entire Act]
The Customs Act, 1962
Section 139 in The Customs Act, 1962 [Entire Act]
Section 114A in The Customs Act, 1962 [Entire Act]
Section 114AA in The Customs Act, 1962 [Entire Act]
M/S Venture Impex Pvt. Ltd vs Cc (Import & General), New Delhi on 16 March, 2016
In this regard, the ld. Advocate relied upon the decision of
the Tribunal in the case of Sony Impex Vs. CC - 2006 (202) ELT 486
(Tri.-Kol.).
Commissioner Of Customs, Calcutta vs South India Television (P) Ltd on 9 July, 2007
In the present case, there is an information received from the
overseas sources which are not tallying with respect to classification
of the goods and even for the quantity of the goods imported by the
appellant. This discrepancy was never investigated further and the
same was made applicable to the present and past imported
consignment which is contrary to the aforesaid decision of the
Hon'ble Tribunal. It has been held by the Hon'ble Supreme Court in
the case of Commissioner of Customs, Calcutta Vs. South India
Television (P) Ltd. - 2007 (214) ELT 3 (SC) that :
Cc, Amritsar vs M/S. R.K. Machine Tools (P) Ltd. ... on 16 March, 2001
It is evident from the letter above that the Bill of Lading No. and
invoice No. are same but the Customs Tariff Heading and the
quantity is different. The Revenue has not taken any further
clarification regarding the mismatch from the Indonesian authority,
who have supplied the same and straightway applied the same with
the consignment of imported goods. The adjudicating authority has
not got this further clarified as to why there is a difference in
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C/76631/14-DB
classification as well as in the quantity of the consignment imported.
Merely on this basis, the valuation for the imported carpet cannot be
enhanced. The valuation of consignment is required to be done as
per the provisions of Section 14 of the Customs Act, read with the
Customs Valuation Rules. Further, we have perused the decision in
case of CC, Amritsar Vs. Kalsi Machinery Co. (P) Ltd. filed in the
paper book in appeal copy which is relevant to the facts of the case
and the operative portion of the order is as under: