9911796707
TMI Blog2015 (11) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... Special Valuation Branch (SVB), Mumbai, the lower authorities ignored this aspect and did not allow the provisional assessment on similar basis in the case of the cars imported under Carnet. In any case it is shown by the Ld. Advocate that the SVB order did not establish that the value between appellant and their Principal had influenced the price and had consequently accepted the declared prices. Therefore, we find no reason to differentiate between the cars imported under Carnet and the cars imported otherwise. - Valuation under Section 14 clearly provides that the value shall be the transaction value where the buyer and seller are not related. In the present case even though buyer and seller are related it is established by the SVB order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicating authority. 3. Heard both sides. 4. The plea of the Ld. Advocate is that the Carnet Form which is submitted under the Bill of Entry and Shipping Bill Regulations 1990 provides for declaration of value which is the commercial value in the country of issue. He also submitted that during the same period the cars imported by them on regular basis were assessed provisionally and they had paid 1% Revenue Deposit. He referred to regular imports of same three models of cars imported under specific Bills of Entry around the same time when the cars were imported under the Carnet, at the lower prices as compared to values mentioned in the Carnet. The values declared in the Bills of Entry in respect of cars imported under Carnet at the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et, clearly states that the value declared in the form is the commercial value in the country of its issue. The value in the country of exportation is required to be declared for purposes of insurance and for purposes of Bank Guarantee which is submitted by the exporter to the Automobile Association which in turn guarantees the re-import of the car. In this particular case when import of identical cars have been made at lower values which are comparable to the value declared at the time of filing Bill of Entry for sale of the cars imported under Carnet, there is no justification to take the higher value mentioned in the Carnet. The appellant gave specific Bills of Entry Nos. 543752, 544155, 510318 under which contemporaneous imports were ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
