CESTAT upheld rejection of declared transaction value for ...
Copper Scrap Import Value Rejection Upheld: Similar Goods Valuation Under Rule 5 Valid for Standardized Materials
February 11, 2025
Case Laws Customs AT
CESTAT upheld rejection of declared transaction value for imported copper scrap (Birch/Cliff) under Customs Valuation Rules. Transaction value can be rejected based on reasonable doubt without proving fake invoices or buyer-seller relationships. Deputy Commissioner correctly applied sequential valuation rules after rejection, using values of similar goods under Rule 5. Court dismissed appellant's argument that scrap cannot have similar goods, noting copper scrap is globally traded per ISRI standards with specific classifications. Assessment based on contemporaneous imports of similar Birch/Cliff scrap was deemed appropriate. Appeal dismissed, affirming both Deputy Commissioner's reassessment and Commissioner (Appeals) order.
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