CESTAT held that appellant's challenge to valuation enhancement ...

Importer's Valuation Challenge Fails After Previously Accepting Higher Price for Identical Goods Under Provisional Assessment

March 18, 2025

Case Laws Customs AT

CESTAT held that appellant's challenge to valuation enhancement failed as they had previously imported identical goods (4000 oath tokens) at USD 50 but later declared similar goods at USD 6.5. Having previously accepted the USD 50 valuation, appellant cannot now object to this basis for redetermination. However, since the assessments were provisional (as marked on the bills of entry), the tribunal ruled that investigation and penalty imposition were premature without finalized assessments. The tribunal allowed the appeal by way of remand, affirming the Commissioner's redetermined valuation while recognizing the provisional nature of the assessment precluded penalties at this stage.

View Source

← Previous Next →

CESTAT held that appellant's challenge to valuation enhancement ...

Importer's Valuation Challenge Fails After Previously Accepting Higher Price for Identical Goods Under Provisional Assessment

March 18, 2025

Case Laws Customs AT

You may also like:

Valuation of imported goods - Tuners - It is for the department to prove that the invoice price is incorrect. When there is no evidence of contemporaneous imports at a...

The case revolves around the rejection of the declared value by customs authorities and the subsequent enhancement of value based on a quotation obtained from a...

Valuation of imported goods - The only ground on the basis of which the transaction value has been rejected is that the imports were made at a higher price by other...

Customs Valuation Rules 2007 - Rule 12 allows rejection of declared transaction value and re-determination u/r 9 if identical/similar goods imported at comparable...

Valuation (Central Excise) - Sale to related parties - the price to the related person cannot be called a non-commercial price since the same was higher than the price...

Valuation of goods - contemporaneous import prices in the case of the other importers have not been challenged by Revenue - assessable cannot be rejected - AT

Valuation of imported goods - The Commissioner (Appeals) completely failed to advert to the crucial aspect that the importers had themselves accepted the enhanced value....

Valuation - price variation clause - the price of finished goods is to be revised and duty is to be paid on higher price. In case the price of raw material falls, the...

Rejection of declared price - when the price of similar or identical goods are same price and it was accepted by the Customs in all major Custom Houses, there is no...

The High Court upheld the Income Tax Appellate Tribunal's (ITAT) decision regarding the applicability of Section 92(3) in determining the arm's length price for...

Valuation of Goods - Contemporaneous Imports of camera stabilizer devices - identical/similar items with the same model numbers at higher and different unit prices - The...

Valuation of imported goods - for the purpose of contemporaneous price, the price which is under dispute and enhanced out of such dispute cannot be taken as a price of...

Valuation of imported goods - higher value of identical goods - there was no contemporaneous import showing import of identical goods at a higher value, the rejection...

The CESTAT held that the Department failed to meet the burden of proof regarding the alleged misdeclaration of quantity, grade, and value of imported Mace to evade...

Valuation of imported goods - glass chatons - The NIDP data gathered by the Appellant for such identical/similar goods shows that the price adopted by the Appellant is...

Quick Updates: