Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Customs Act, 1962 – s.14 – Valuation of goods for purposesof assessment – Respondent imported various varieties of Aluminumscrap and filed bills of entry along with invoices and purchase ordersin respect therein declaring the transaction value of the importedgoods for the purpose of paying customs duty – Declared valuewas not accepted by the Assessing officer who found same to below and on re-assessment, increased the assessable value – Writpetition by the respondent – Deputy Commissioner of Customs onthe direction of the High Court passed a speaking order rejectingthe transaction value declared by the respondent – Assessment orderpassed by the Assessing Officer was challenged before theCommissioner (Appeals), which was dismissed – However, appealsof the respondent were allowed by the Tribunal thereby rejectingthe enhanced assessable value by the Revenue – On appeal, held:The normal rule as provided by the s.14 of the Act is that theassessable value has to be arrived at on the basis of the price actuallypaid, and that was mentioned in the Bills of Entry – Tribunal hadclearly mentioned that this declared price could be rejected onlywith cogent reasons by undertaking the exercise as to on what basisthe Assessing Authority could hold that the paid price was not thesole consideration of the transaction value – Since, there was nosuch exercise done by the Assessing Authority to reject the pricedeclared in the Bills of Entry, order-in-original was, therefore,erroneous – The observations made by the Tribunal were correct. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 1178 |
Petitioner | Commissioner Of Central Excise And Service Tax, Noida |
Respondent | M/s Sanjivani Non- Ferrous Trading Pvt. Ltd. |
SCR | [2018] 14 S.C.R. 1192 |
Judgement Date | 2018-12-10 |
Case Number | 18300-18305 |
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