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Ppn Power Generating Co Pvt Ltd vs Commissioner Of Customs -Commissioner ... on 11 September, 2023 cites

Eicher Tractors Ltd. vs Cc on 29 June, 1998

In Eicher Tractors Ltd. (supra), relied upon by the Tribunal, this Court had held that the principle for valuation of imported goods is found in Section 14(1) of the Act which provides for the determination of the assessable value on the basis of the international sale price. Under the said Act, customs duty is chargeable on goods. According to Section 14(1), the assessment of duty is to be made on the value of the goods. The value may be fixed by the Central Government under Section 14(2). Where the value is not so fixed it has to be decided under Section 14(1). The value, according to Section 14(1), shall be deemed to be the price at which such or like goods are ordinarily sold or offered for sale, for delivery at the time and place and importation in the course of international trade. The word "ordinarily" implies the exclusion of special circumstances. This position is clarified by the last sentence in Section 14(1) which describes an "ordinary" sale as one where the seller or the buyer have no interest in the business of each other and price is the sole consideration for the sale or offer for sale. Therefore, when the above conditions regarding time, place and absence of special circumstances stand fulfilled, the price of imported goods shall be decided under Section 14(1A) read with the Rules framed thereunder. The said Rules are CVR, 1988. It was further held that in cases where the circumstances mentioned in Rules 4(2)(c) to (h) are not applicable, the Department is bound to assess the duty under transaction value. Therefore, unless the price actually paid for a particular transaction falls within the exceptions mentioned in Rules 4(2)(c) to (h), the Department is bound to assess the duty on the transaction value. It was further held that Rule 4 is directly relatable to Section 14(1) of the Act. Section 14(1) read with Rule 4 provides that the price paid by the importer in the ordinary course of commerce shall be taken to be the value in the absence of any special circumstances indicated in Section 14(1). Therefore, what should be accepted as the value for the purpose of assessment is the price actually paid for the particular transaction, unless the price is unacceptable for the reasons set out in Rule 4(2).
Customs, Excise and Gold Tribunal - Delhi Cites 0 - Cited by 129 - Full Document

Akbar Badrudin Jiwani vs Collector Of Customs, Bombay on 14 February, 1990

31. Further, even in the event there has been any infraction of law, the same is completely unintended and bona fide and without any intent to evade duty. It is settled law, inter alia, by the judgment of this Hon'ble Court in Akbar Badruddin Jiwani vs. Collector of Customs, 25 Customs Appeal No.40240 of 2021 Customs Appeal No. 40376 of 2021 Customs Appeal No.40361 of 2021 1990 (47) ELT 161 (SC), that any technical or venial breach of the law without intention to evade duty does not invite the levy of penalty.
Supreme Court of India Cites 18 - Cited by 123 - B C Ray - Full Document
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