Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

The case pertains to the demand for differential duty of customs ...


Customs duty dispute on poppy seeds import: Importers prevail against revenue over valuation issue.

Case Laws     Customs

November 4, 2024

The case pertains to the demand for differential duty of customs on the import of poppy seeds, alleging undervaluation. The respondent's declared price for poppy seeds imported from Turkey was significantly lower compared to other importers. The Tribunal relied on its previous decision in Commissioner of Customs (Port), Kolkata v. Sawetri Trading Company, where it observed that if the transaction values of contemporaneous imports were accepted by the revenue, the same values should have been used for comparison purposes in the present case. Additionally, the Tribunal cited the case of M/S CHIRAG INTERNATIONAL VERSUS C.C. KANDLA, which held that the enhancement of price and consequential demand, interest, etc., are not sustainable. Consequently, the Tribunal set aside the impugned order and allowed the appeal, deciding against the revenue.

View Source

 


 

You may also like:

  1. Classification of importers of poppy seeds - cap on import of poppy seeds - It could be seen that even an importer, who continuously imports for a period of two years,...

  2. Seeking grant of extension of two months to enable them to complete the import of “poppy seeds” - non-grant of extension is stated to be justified is that the lock-down...

  3. Duty demand u/s 28(1) of Customs Act, 1962, upon importer and transferee of license issued by DGFT - Liability of transferee for fraudulently obtained license - Levy of...

  4. The Public Notice issued by the DGFT introduces the Melon Seeds Import Monitoring System (MS-IMS) and outlines procedures for import registration. Importers are required...

  5. Retrospective exemption granted from payment of any customs duty on import of "Rough diamonds (industrial or non-industrial)" for the period 1.7.2017 to 1.2.2022....

  6. Provisional release of imported goods (apples) - The dispute centers on the valuation of the imported apples.

  7. Import of poppy seeds - contracts for import of poppy seeds from Turkey - Non-registration by the respondent no.2- the Narcotics Commissioner - Clause 3 of the MOU...

  8. The notification introduces a temporary shift from a 'Restricted' to a 'Free' import policy for melon seeds, effective from May 1, 2024, to June 30, 2024. This...

  9. Levy of customs duty on import of wheat - rate of duty increased from 20% to 30%

  10. Valuation of imported goods - Cut Orchid Flowers (Dendrobium Hybrid) of various varieties and colour - undervaluation of goods - Section 17(5) of the Customs Act, 1962,...

  11. Interpretation of statute - Section 2(26) of Customs Act - Scope of the term Importer - High Sea Sale - Adjudicating authority treated the appellant neither the importer...

  12. Classification of imported goods - dried pomegranate seeds/anardana - The contention of the Revenue that the Import Policy is in the nature of delegated legislation...

  13. Valuation and assessment of imported goods - The revenue has not doubted the importers invoice submitted at the time of assessment. No re-valuation of the goods imported...

  14. The High Court dismissed the petition filed by an informer seeking directions against private respondents (importers of luxury cars) and statutory authorities (Customs,...

  15. Effective rates of customs duty and IGST for goods imported into India - Customs duty on import of Gold - Seeks to amend Notification No. 50/2017-Customs, dated the 30th...

 

Quick Updates:Latest Updates