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TMI Blog2023 (1) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Valuation Rules, 2007, then a new value is re-determined in terms of Rule 4 to 9 of Customs Valuation Rules, 2007 and this determined value becomes accessible value and custom duties collected on the said determined value even though transaction value is different. Thus, it appears that accessible value which has been considered by the A.O. is not suppression of purchase price or unaccounted purchase. Moreover, the value of the goods assessed/re-determined by the custom authorities as per valuation norms for the purpose of calculation of custom duty on the import. Therefore, the same would not attract the provisions of Section 69C of the Act, since, it has not been established as unexplained expenditure actually incurred by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made while under assessment before the Assessing Officer. 5. Whether on facts and in circumstances of the case, the Ld. C1T(A) is right in deleting the addition of Rs. 8,74,08,069/-. 6.1 Whether C1T(A) has erred when assessee has failed to produce the Invoices Value- wise of the total figure in question before the assessing officer as well as Ld. CIT(A). 6.2. Whether on the facts and in the circumstances of the case, the Ld. C1T(A) is correct in ignoring the invoice value of goods as determined by CBEC based upon which the custom duty was calculated and was actually paid by the assessee and instead adopting the import value as shown by the assessee. 7. The assessee has failed to explain the reason of mis- match on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -availability of remand report while deciding the case. Further submitted that, the Ld.CIT(A) has erred when the assessee has failed to produced the invoice value of the total figure in question before the Assessing Officer . 7. Per contra, the Ld. Counsel for the assessee has relied on the order of the CIT(A) and also the paper book produced by the assessee and submitted that the assessee has produced more than 1000 pages before the revenue authorities to prove the purchases made by the assessee. During the appellate proceedings before the CIT(A), the Ld. A.O. has filed the remand report and based on the said remand report the Ld.CIT(A) is rightly deleted the addition made by the Ld. A.O. 8. We have heard the parties perused the mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) has called for the remand report of the A.O. to verify the comment on purchase value invoice value and accessible value of the goods imported during the relevant period. The relevant extract of the remand report is as under:- 2.3 Detailed CBEC data of import was generated from the ITD system which contain date details of imports alongwith their assessable value and invoice value (copy enclosed as Annexure A-l). Vide letter dated 23.01.2019 (copy enclosed as Annexure A-2), assessee was asked to reconcile the CBEC data with the declared purchases and to substantiate the same with documentary evidences including bills of entry, invoices and other documents. A letter also written to the Joint Commissioner of Customs, ICD Tughlakabad. Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase invoice, shipping bills and bank statement of assessee, it has been found that the invoice value of imported bills has been considered as purchase value in the books of accounts of the assessee. A clarification was sought from a Authorities in regards to higher assessable value of import goods. Vide letter dated C.No. VIII/CD/TKD/64G/Gr. Il/Misc Report /256/2018/54582 dated 01.03.2018 dispatched on 26.03.2019 and received in this office 08.04.2019, the custom authorizes has stated that under custom rules they either accept the transaction value (i.e. declared invoice value) or if the declared invoice value appears low, then a new value is re-determined on the basis of National Import Data Base (NIDB) for the purpose of custom duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of custom duty on the import. Therefore, the same would not attract the provisions of Section 69C of the Act, since, it has not been established as unexplained expenditure actually incurred by the assessee. The Ld. CIT(A) has considered the remand report and pass the order impugned. Therefore, restoring the file back to CIT(A) for fresh adjudication does not arise. Moreover, the Ld. A.O. has conducted proper enquiry while preparing the remand report. In our considered opinion, the Ld.CIT(A) has committed no error in come to such conclusion and deleting the addition made by the Ld. A.O. thus, the grounds of Appeal No. 1 to 8 of the Revenue are devoid of merit. Accordingly, Ground No. 1 to 8 of the Revenue are dismissed. 13. In the resul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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