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TMI Blog2023 (8) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... the ATA Carnet documents, it is clearly shown that the goods are meant for exhibition at IMTEX 2009 India and the value shown therein is EUR 55900 was meant for the purpose of bringing the goods into India for the exhibition and these goods as per the ATA Carnet Regulations are to be exported within six months. During the relevant time, the sale of such goods was permitted on payment of Customs duty with prior approval from Government of India. The question here arises is whether the price adopted by the Customs which is commercial value as per the ATA Carnet form meant for exhibition can be taken as the transaction value. As per Section 14 of the Customs Act, 1962, the price actually paid or payable for the goods when sold for delivery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he value of the product as EU 55900. The appellant after negotiation, fixed the price at EU 30000 and accordingly, filed a Bill of Entry No. 000025 dated 16.7.2009. Since the Revenue did not accept the value, the appellant paid the duty under protest and cleared the goods. The Commissioner (A) has rejected this negotiated value on the ground that the appellant had not furnished any justifiable reason for reduction of the value from the value declared in the ATA Carnet for arriving at the negotiated transaction value as claimed by them. He also stated that no document showing the actual value paid to the supplier was also produced. In the absence of any supported documents, reasons for reduction in the negotiated value were rejected. 3. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms that M/s. Saielo had exported 01 No. ROBOT Type SRZ 200/DL-2P Sl. No. 07066876 for Exhibition under ATA Carnet vide ATA Carnet No.DE 001/09/LDK dt. 05.01.2009. The actual value declared by the Exhibitor in ATA Carnet is EUR 55900.00. It is also submitted that since the ATA Carnet was to be expired, they were willing to pay the duty under protest on the ATA Carnet value. 6. We find that the goods imported are under ATA Carnet are allowed duty-free in terms of Notification No. 157/1990-Cus. dated 28.3.1990. As seen from the ATA Carnet documents, it is clearly shown that the goods are meant for exhibition at IMTEX 2009 India and the value shown therein is EUR 55900 was meant for the purpose of bringing the goods into India for the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d price and this negotiated price had to be accepted as the value of the imported item, if the customs do not find any cogent reasons for rejecting the same. 7.1 In the case of CCE vs. Sanjivani Non-Ferrous Trading Pvt Ltd: 2019 (365) ELT 3 (SC), the Hon ble Supreme Court stated that as per Section 14(1), the value of any goods chargeable to ad valorem duty is deemed to be the price as referred to in that provision. Therefore, normally, the Assessing Officer is supposed to act on the basis of price which is actually paid and treat the same as assessable value/transaction value of the goods. As per the provisions, the transaction value can be discarded in case it is found that there are any imports of identical goods or similar goods ..... X X X X Extracts X X X X X X X X Extracts X X X X
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