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TMI Blog2024 (7) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... rice @ US$ 5.50 per piece and 3000 Nos. spares for water filters TFC GPD Dry Membrane by classifying it under Chapter Heading No. 84219900 by declaring unit price US$ 5.00 per piece. The Appellant imported the above referred goods from M/s Shanghai Emate Industrial Co. Ltd., China under invoice No. CW 141227 dated 30.01.2015 and filed Bill of Entry No. 8622876 dated 17.03.2015. The Customs Authorities received a letter from Directorate of Revenue Intelligence, Central Zone Unit, Chennai that the importers of the goods indulged in evasion of customs duty by gross under-valuation and the customs officer examined consignment of the goods imported under Bill of Entry No. 8622876 dated 17.03.2015. On examination, it was reported that the goods a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s proposed to finalize the provisional assessment of Bill of Entry No. 8622876 dated 17.03.2015 by enhancing the value and it was also proposed to enhance the value of the imported goods in past. The show cause notice also proposed to deny benefit of Notification No. 12/2012- Cus dated 17.03.2012. Accordingly, the differential duty demand was proposed to be recovered. The adjudicating authority namely Additional Commissioner of Customs vide Order-in-Original No. 19/ADC/MSC/ICD/KHOD/O&A/2017 dt.15-11-2017 confirmed the charges levelled in the Show Cause Notice on the following grounds :- (1) The appellant disclosed only general disclosure of the imported goods without mentioning description in detail as required for the imported goods. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rove that the Appellant violated the provision of Section 14, declared value ought not to have been rejected on assumptions and presumptions basis as held in the following decisions: a. Vijay Leather Stores Vs. C.C.- reported in 2007 (215) ELT 304 (T); b. Adani Exports Ltd. Vs. C.C. reported in 1999(111) ELT 143)(T) maintained by the Hon'ble Supreme Court in 2004 (167) ELT 131 (SC) 2.3. He submits that Section 14 of the Customs Act deals with valuation of the imported goods, which provides that the value of imported goods should be transaction value of the goods. The appellant complied with all the conditions of Section 14. it is not the case of the lower authority that the price declared by them was not at the time and place of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion including sale profit are deducted, the CIF value declared by the Appellant at the time of the import of the goods in dispute can be arrived. He submits that the Working Sheet showing the value at which the said goods were sold to local buyers and the CIF value declared in Bills of Entry has already been enclosed with the Appeal as Annexure L. 2.7. He further submits that it is settled law that transaction value cannot be enhanced based on DRI alert on undervaluation of imported goods by overseas suppliers as held in the following cases: a. Sedna Impex India Pvt Ltd - 2017 (347) ELT 317 (T); (Page No.39 to 40) b. Dev Tek India Vs C.C - 2016 (338) ELT 331 (T); (Page No. 41 to 42) c. C.C Vs Maruti Farics Impex 2016 (343) ELT 963 (T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007 (208) E.L.T. 181 (Tri.- Bang) 2.9. He submits that Section 114AA of the said Act was introduced through the Taxation Laws (Amendment) Act 2006 with effect from 13.07.2006. While introducing this provision, the Taxation Laws (Amendment) Bill 2005 introduced in Lok Sabha in 2005 was referred to the Committee on 13.05.2005 for examination and report thereon. The object for introduction of Section 114AA was to impose penalties on those persons who involved in paper transactions without actually movement of goods. The purpose of Introduction was to cover up transactions related to fraudulent exporter where exports were shown only on papers and not cross the Indian Territory. 2.10. As regards appeal of M/s. Paramount Clearing and Shipping S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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