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 rejection of self-assessed value of ...


Dispute Over Valuation of Imported Aluminum Scrap Sent for Re-evaluation After Improper Rejection of Self-assessed Value.

November 4, 2024

Case Laws     Customs     AT

The case pertains to the rejection of self-assessed value of imported aluminium scrap and determination of the method for valuation. The key points are: rejection of the transaction value declared by importers in Bills of Entry is permissible u/s 14 of the Customs Act and Valuation Rules if the proper officer has reasonable doubts about its truth or accuracy, even without payment of additional consideration. The proper officer followed due procedure by recording reasons and communicating them to importers. The Commissioner (Appeals) erred in holding that transaction value could not be rejected. After rejecting the declared value, the Deputy Commissioner was required to re-determine the value as per the Valuation Rules. However, the reasoning for applying Rule 5 was cryptic and not examined by the Commissioner (Appeals). Hence, the matter is remitted to the Deputy Commissioner for re-determining the value in accordance with the Customs Act and Valuation Rules.

View Source

 


 

You may also like:

  1. Valuation of imported goods - undervaluation of Zinc and aluminium scrap imported - The circular only provides for average price difference between the price of prime...

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

  3. Mis-declaration of imported goods - ‘Aluminium Alloy Ingots’ or ‘Aluminium Scrap Throb’ - the goods stands described in the various import documents as “Aluminium Scrap...

  4. Valuation of imported goods - Aluminium Scrap - rejection of declared value - These imports were made subsequent to the imports made in earlier order therefore, the...

  5. CESTAT upheld rejection of declared transaction value for imported copper scrap (Birch/Cliff) under Customs Valuation Rules. Transaction value can be rejected based on...

  6. Valuation of imported goods - aluminium scrap - enhancement of value - The Tribunal referred to a previous decision where it was asserted that the appellant had agreed...

  7. Goods classified as Aluminium Scrap Tassel under CTH 76020010 instead of Coils of Aluminium Wire under 76051100. Chartered Engineer Certificate confirmed goods not in...

  8. Illegal import of goods – misdeclaration of value - import of aluminium scrap – the department cannot adopt any procedure which LME itself does not recognize. - AT

  9. Valuation of imported goods - aluminum scrap - case of the department is that the appellant have given a consent letter to the proposal of the enhancement of the value -...

  10. Valuation of imported goods - Chartered Engineer’s report, admits that goods imported by appellant are only scrap but scrap was in the kind of ‘Tread’, ‘Taste’, and...

  11. Valuation of imported goods - Aluminium Scrap - rejection of transaction value - procedure contemplated under Rule 12 of the valuation rules not followed - Commissioner...

  12. This notification amends the import policy condition for Raw Pet Coke (RPC) and Calcined Pet Coke (CPC) under Chapter 27 of the ITC (HS) 2022, Schedule-I (Import Policy)....

  13. Determining whether certain goods, specifically old used iron scrap, used lead acid batteries, old used aluminum utensils and other aluminum scrap, old used brass...

  14. Valuation of imported goods - if at all the value of contemporary imports is to be applied, the lowest value of similar goods imported into India is to be adopted....

  15. Valuation of imported goods - MRP based valuation or transaction value - CVD - AT

 

Quick Updates:Latest Updates