9911796707
TMI Blog2019 (6) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... h sufficient evidences establishing that there was flow back of money from the importer to the supplier of the goods are required. The latest decision of the Hon ble Supreme Court in the case of COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, NOIDA VERSUS M/S. SANJIVANI NON-FERROUS TRADING PVT. LTD. [ 2018 (12) TMI 738 - SUPREME COURT] has observed that transaction value has to be accepted as correct assessable value and the same cannot be enhanced on the basis of NIDB data. Applicability of CVD - HELD THAT:- Inasmuch as the CVD leviable on imported goods is directly related to duty of excise required to be paid by the Indian manufactured goods and there being no duty of excise on the dross, no CVD is leviable on the imported aluminium dros ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the manufacturing premises and supervised the process of extraction of aluminium from aluminium dross. However, the said process was undertaken not out of the samples drawn from the imported lots but otherwise. The report based upon the said process of recovery of aluminium metal in respect of Bill of Entry dated 10 March, 2016 was shown as 71% and in respect of Bill of entry dated 05 April, 2016 was to the extent of 54 %. 4. Based upon the above reports the proceedings were initiated against the appellant by way of issuance of show cause notice dated 08 July, 2016 proposing enhancement of the assessable value of the goods based upon the calculation of recoverable percentage of aluminium and the prices as reflected in the LME on the relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as aluminium gross with recoverable quantity of aluminium ranging from 21% to 22%. All other documents like invoice, packing list , bill of lading etc were filed along with the said filing of bills of entries and the goods were presented for fist check examination. The appellants main contention is that the value has been enhanced based upon the report of CRCL indicating the recoverable quantum of aluminium much higher. During the course of cross examination, the Joint Director of CRCL has clearly stated that all steps regarding the extraction of aluminium has not been conducted by them and such process of extraction supervised in the assessee's factory was not out of the sample drawn from the imported material. As such it stand contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the value of the prime metal as appearing in LME. Reference can also be made to Tribunal decision in the case of Sonia Overseas Pvt. Ltd. V/s Commissioner of Customs, Amritsar reported as 2011 (270) ELT 259 (Tri.-Del.) As such we are of the view that enhancement of value based upon the comparison of the value of prime metal, as specified in LME, without first establishing the transaction value to be wrong, is not accordance with the settled law. As such we set aside the enhancement. 7. As regards the applicability of CVD, we note that the matter was taken up before the Hon'ble Delhi High Court by way of filing writ petition and vide order dated 08 March, 2018 the Hon'ble Delhi High Court has directed to consider the leviability of CVD. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
