Flipkart India Private Limited Vs Commissioner of Customs (Import) (CESTAT Mumbai)
CESTAT Mumbai held that re-determination of assessable value of imported power bank without adequate evidence of undervaluation is not justifiable. Accordingly, order is set aside to that extent it had confirmed the adjudged demands on the basis of revised/enhanced valuation of goods.
Facts- This appeal has been filed by M/s Flipkart India Private Limited, Bengaluru. The issue involved in this appeal relates to alleged undervaluation of “Power Bank 5200mAH” having part number VXN4062IN imported by the appellants from M/s Xiaomi Singapore PTE Limited, Singapore and consequent enhancement, re-determination of assessable value by original authority based on contemporaneous import data from same supplier under Rule 5 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007; confiscation of goods u/s. 111(m) of the Customs Act, 1962; imposition of redemption fine and penalty on the appellants u/s. 125(1) and 112(a) ibid, respectively; and upholding confirmation of the adjudged demands by the first appellate authority.
Conclusion- In the case of Agarwal Foundries (P) Ltd., the Tribunal has held that the invoice value cannot be rejected without any evidence to prove that it does not reflect the real transaction value duly supported by evidence.
