9911796707
TMI Blog2024 (9) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... that the responsibility to prove that the High Sea Sale transaction constituted an international transfer of goods lay with the importer. However, inspite of submitting sufficient evidence, the Adjudicating authority rejected the declared value on the ground that in the absence of actual High Sea Sale value for inclusion in the CIF value of the import goods, 2% notional value is taken for assessment and accordingly assessable value worked out . Further as per Circular No. 32/2004 dated 11.05.2004, actual High Sea Sale contract price paid by the last buyer would be construed as a transaction value under Rule 4 of the Customs Valuation Rules and inclusion of commission on notional basis may not be appropriate. The transaction value to be take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the agreed price; Appellant also produced bank transactions showing the payment by the Appellant in Indian Rupees and there is no dispute regarding the amount paid by the Appellant; under the circumstances adopting sale price of a foreign seller is legally unsustainable in law. The Learned Counsel also drew our attention to the High Sea Sale agreement dated 04.02.2010 entered by the Appellant with supplier M/s Jay Polychem India, Ltd., which clearly shows that the consideration for the agreement is Rs.15,13,10,673/-. Learned Counsel further submits that the law is well settled that once the transaction value is identifiable then question of adding the commission on notional basis or adopting sale price of the foreign seller doesn t arise. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to the issue and in none of the cases, situation is similar to the present appeal, adoption of value when High Sea Sale price is lower than the original supplier invoice value is the issue and therefore the issue at hand has not been discussed in the above citations. The Learned AR also submits that; Hon ble Apex Court in the matter of M/s Hyderabad Industries Ltd-2000 (115) E.L.T 593), held that the service charges/sea-sales-commissions( actuals ) are includable in the CIF value of the imported goods; further as per the Board Circular No. 32/2004 dated 11.05.2004, the responsibility to prove that the High Seas Sales transaction constituted and international transfer of the goods lies with the importer, the importer would be required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of actual High Sea Sale value for inclusion in the CIF value of the import goods, 2% notional value is taken for assessment and accordingly assessable value worked out . Further as per Circular No. 32/2004 dated 11.05.2004, actual High Sea Sale contract price paid by the last buyer would be construed as a transaction value under Rule 4 of the Customs Valuation Rules and inclusion of commission on notional basis may not be appropriate. 7. We, therefore, hold that the transaction value to be taken into consideration is the transaction between the high seas supplier M/s Jay Polychem India Ltd., and the appellant, which clearly shows that the consideration for the goods is as declared by the appellant. Therefore, we find that the appeal is su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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