9911796707
TMI Blog2021 (4) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of Section 14 and the Customs Valuation Rules, as applicable to each of the consignments - Appeal is allowed by way of remand. - CUSTOMS APPEAL NO. 52289 of 2019 - FINAL ORDER No. 51211/2021 - Dated:- 23-3-2021 - MR. DILIP GUPTA, PRESIDENT AND MR. P.V. SUBBA RAO, MEMBER (TECHNICAL) Shri Sparsh Bhargava, Advocate for the appellant. Shri Vivek Pandey, Authorised Representative for the Department. ORDER This appeal is filed against order-in-appeal No. CC (A) CUS/D-I/GEN/SVB/243/2019-20 dated 10/06/2019. 2. The facts of the case are that the appellant is a wholly owned subsidiary of its payment company M/s Cadence Designs Systems Inc., U.S.A. They imported a system called Palladium Computer System from their pare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Commissioner (Appeals) has, by the impugned order, upheld the order of the Original Authority. Hence, this appeal. 4. Learned Counsel for the appellant challenges the impugned order on the following grounds:- (i) The main system was imported in 2006 before the Customs Valuation Rules, 2007 and the amended Section 14 of the Customs Act, 1962 came into force. Therefore, the un-amended Section 14 and the Customs Valuation Rules, 1988, as applicable must have been applied. The new legal provisions were wrongly applied and hence the impugned order is not sustainable. (ii) For imports post 2007, if the declared value is rejected and the value must be determined in terms of Rules 3 to Rule 9 of Customs Valuation Rules, 2007 sequen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gue that since these are custom made goods there cannot be any similar or identical products. On the question of profit margin, he would argue that the details of profits of the overseas supplier was supplied by the appellant themselves and they cannot now deny them on the ground that the profit margin for the product line must be considered and applied. On a specific query from the bench, he admits that the Customs Valuation Rules, 1988 and the Section 14 as applicable prior to 2007 were not considered or applied to the main system by the Commissioner (Appeals) as was required. 6. Both sides agreed that the issue needs to be remanded to the Commissioner (Appeals) to determine the valuation in terms of Section 14 and the Customs Valuatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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